Crafting possession and access schedules is one of the most important parts of any child custody or divorce case in Texas. These schedules determine when each parent spends time with their children, shaping how families manage their lives post-divorce. Parents often face challenges when creating a plan that balances their children’s needs with their own schedules. Understanding how possession and access schedules work can help you approach the process with confidence and make decisions that benefit everyone involved.
Understanding Possession and Access in Texas Custody Cases
When dealing with child custody or divorce cases in Texas, one key aspect involves establishing a possession and access schedule for your children. This term outlines the periods when you and your co-parent will have physical custody of your children. Most parents aim to maximize their time with their children. However, the schedule in your custody orders will determine the specifics of these arrangements.
What Is a Parenting Plan?
A parenting plan is a structured agreement regarding custody and visitation schedules. This plan is either created by a family court judge or negotiated between you and your co-parent. It addresses the unique needs of your family and sets a framework for parenting that works now and in the future. Developing this plan can be a challenging process, requiring attention to detail and a focus on your children’s best interests.
If the court believes the parenting plan prioritizes the well-being of the children, it will approve it. However, creating a plan worth the time and effort demands careful planning and intentional actions. Having an experienced family law attorney can simplify this process, helping you develop goals and work strategically toward achieving them.
What Happens if You Can’t Agree on a Plan?
Most families in Texas reach agreements on custody and possession. However, some families may require court intervention. If you and your co-parent cannot agree on a parenting plan, a judge will decide after a trial. During the trial, you can present evidence and provide testimony to support your position.
The Standard Possession Order
The most common custody arrangement in Texas is the standard possession order. This order designates one parent as the primary conservator, who has custody during the school week and on the second and fourth weekends of each month. The other parent, referred to as the possessory conservator, has visitation on the first, third, and fifth weekends, with extended periods during summer and holidays.
Although this schedule is common, it may not suit every family. Judges generally follow established guidelines but are open to variations if parents can demonstrate that the standard order does not meet their needs. Negotiating directly with your co-parent can help you avoid relying on a judge’s decision, which may lack flexibility.
Informal Modifications: Risks and Benefits
In some cases, you and your co-parent may informally agree to modify custody or visitation schedules. For instance, changes to work schedules may require adjustments to visitation times. Informal agreements can work well temporarily, but they carry risks. Without a legally binding agreement, either parent can revoke their consent at any time.
When an ongoing modification becomes necessary, it’s better to formalize the changes through the court system. Filing a modification request ensures the new terms are legally binding and reduces the likelihood of future disputes.
Co-Parenting After Divorce
For parents of young children, divorce marks the beginning of a new relationship dynamic rather than the end. You and your ex-spouse will continue to co-parent, which often requires ongoing collaboration. Building a positive co-parenting relationship can benefit your children and help you navigate shared responsibilities effectively.
Legal Terms in Possession and Access Cases
Understanding legal terminology can make the custody process less daunting. In Texas, the terms “possession” and “access” replace “custody” and “visitation.” While they are similar, possession refers to the time when your child is physically in your care. Access involves your ability to communicate with or see your child, even when they are with the other parent.
The primary conservator has the right to determine the child’s primary residence and typically receives child support. The possessory conservator has visitation rights as outlined in the custody orders. These roles include additional rights and responsibilities, such as decision-making authority and the duty to provide for the child’s needs.
Joint vs. Sole Conservatorship
In Texas, parents usually share joint managing conservatorship, which means they share decision-making responsibilities. However, one parent may be granted sole conservatorship if it serves the child’s best interests. Joint conservatorship requires effective communication and cooperation between parents.
Split custody, where each parent has primary custody of different children, is less common but may work for some families. This arrangement requires careful planning to ensure it benefits the children involved.
Creating a Custom Possession Schedule
You and your co-parent can work together to create a unique custody schedule that suits your family. Attorneys often assist in drafting proposals that account for each parent’s schedule and the children’s needs. A flexible approach allows for creative solutions, such as alternating weeks or dividing the week between both parents.
While custom schedules offer flexibility, they also require attention to holidays and school breaks. You must account for events like summer vacation, Christmas, and Thanksgiving when creating your plan. Digital tools, such as co-parenting apps, can help manage schedules and keep both parents informed.
The Role of Mediation
Mediation can help resolve disputes and create a custody plan that works for both parents. A neutral mediator facilitates discussions, ensuring both parties focus on the children’s best interests. Agreements reached through mediation are more likely to receive quick court approval.
Steps to Modify Custody Orders
If circumstances change significantly, you may need to request a modification of your custody orders. This involves filing a case with the court that issued the original orders. Legal assistance can streamline the process and ensure the modifications align with your family’s needs.
Final Thoughts on Custody and Possession
Custody and possession arrangements shape your relationship with your children after divorce. Prioritizing communication and cooperation with your co-parent can lead to more effective outcomes. If you need legal assistance, consult a qualified family law attorney who can guide you through the process and help protect your rights as a parent.
For more information, contact the Law Office of Bryan Fagan. Our team offers free consultations to help you understand your options and develop a plan tailored to your situation.
Other Related Articles:
- Visitation schedules for police officers
- Possession and Access Schedules- Impacts on Weekend Visitation and Custody in Texas
- End of Summer Possession and Transitioning to School Year Possession Schedules
- How Electronic Communication Relates to Possession and Access Schedules in Texas
- Devising a Fair & Workable Child Custody Holiday Schedule in Your Parenting Plan