Going through a Texas family law case with children means attempting to secure a possession order that meets the needs of your family. This can be challenging at times given the ever-changing dynamics of a family. If you have young children, then it is likely that you will need to account for your children growing up and having evolving interests and needs. One of the most sensible ways to approach this subject is to look at it from the perspective of what the possession order is intended to accomplish.
In a Texas family law case, a possession order is intended to help you and your family provide consistency and stability in the lives of your children. When families go through a family law case, they inevitably alter the makeup of their household. By changing that household makeup, you are necessarily upending the norms of your child’s life significantly. As such, you must consider the best type of possession schedule for your family and their needs.
What is a possession order?
A possession order is an instruction from a court regarding the time you can spend with your children. The possession order itself needs to be specific. This is because families like yours have to be able to rely upon them, so your child knows where to be on each day of the year. It also gives both parents an understanding of their schedule and where each needs to be on any given day. This helps from the perspective of giving your child as much consistency and stability as possible. To have your child means to physically have him or her with you. Parents share possession of children.
In a child custody scenario, it is presumed that children do best when their parents share custody. This is known as a joint managing conservatorship. Under a joint managing conservatorship you and your co-parent not only share time with your children but also rights and responsibilities. Rights refer to the ability to make decisions for your child. Responsibilities include the requirement that you care for your child. In the possession order, you are told exactly when and where you can spend time with your child throughout the year. Possession orders are detailed because families like yours rely upon them. This way you and your co-parent do not need to make decisions on topics like this on the fly.
Standard Possession Order
The standard possession order is the default possession order in a child custody case. Most people who go through child custody cases have their possession schedules determined under a standard possession order. This position order is leaned on so heavily by parents that it is contained in the Texas Family Code. Indeed, it is presumed that a standard possession order is in the best interests of your child. So, does this mean that you and your family will have to implement a standard possession order in your case?
Not necessarily. You and your co-parent can work together to negotiate a settlement to your case. This settlement involves coming up with your solution based on the best interests of your children. The best interest of your child incorporates their current circumstances as well as a view into the future. Making decisions on behalf of your child should always be based on the best interest determination. As such, when you and your co-parent make a best interest determination that allows you to bypass the possibility of going to court. Judges are apt to consider strongly the recommendations made by parents within their court orders.
So, unless you include something in your possession order that is so outlandish as to bring into question your ability to make decisions for your child anything you create in your possession order will likely be approved by a court. If the two of you are unable to do this then the standard possession order will be looked at by the judge in your case. What other kinds of possession orders are there to choose from?
Expanded Standard Possession Order
in a standard possession order, both parents take on specific roles. For example, if you are the primary conservator of your child then you have possession of your child during the school week. This is the basis for your time with your child. Because courts want children to have consistency and stability surrounding school, the children stay with you during the school year. However, this does not mean that your co-parent completely loses out when it comes to custody.
The non-custodial parent has visitation rights on the 1st, 3rd, and 5th weekends of each month. This gives your co-parent a predictable schedule of when he can spend time with the children. Outside of the school year visitation with your children becomes much more equal. For example, holidays are either alternated between parents or shared. An example of this is Christmas. The Christmas holiday for most schoolchildren is over two weeks. As a result, one parent has possession of the children for the first half of a holiday while the other parent takes possession on December 28th.
An expanded standard possession order lengthens the weekend periods of visitation for the non-custodial parent. A standard possession order sees a parent pick up their child at 6:00 PM on Friday and drop him off at 6:00 PM on Sunday. Under an expanded standard possession order, pick up and drop off happen at the end and beginning of the school week, respectively. This provides an extra overnight visit and greater time overall with the children.
Modified possession order
A modified possession order Is not based on the standard possession order rather, the modified possession order creates a possession order based on the needs of your family. For example, if you and your spouse work atypical hours then the modified possession order may be exactly what you need. Not everyone works a schedule which allows for families to have A standard possession order. As a result, you may need to create a possession schedule with your specific needs in mind. If that is the case, then a modified position order could be exactly what you need.
One of the major mistakes that families make when it comes to a child custody case is to create a possession order that does not consider the needs of their family. These folks tend to believe that they can get by with any type of possession order that is proposed in their case. While it may make for easier negotiations during the case it certainly will not make your child’s life easier after the case comes to an end. The reason for this is that if you cannot see your child on the specified date and time in your position order then you are serving no positive purpose.
Are you in a position where your spouse is pressuring you to agree to a possession order? Instead of feeling like you have no choice but to accept a proposed possession order it is better to consider your options. This is even true when you have a spouse who is difficult to work with. Most people would like to settle their case rather than proceed to a trial. That said, you should not agree to something that is against the best interests of your family. This is true even if going to trial is the result.
Working with an experienced attorney can help to create better outcomes for your children
An experienced family law attorney can make a tremendous difference when it comes to creating a possession schedule that works for your family. Understanding the needs of your family is only half the battle in a child custody case. Additionally, you need to be able to understand how the law interacts with the needs of your family. Reading blog posts like this one can be a great start to that process. However, all the blogs in the world can’t impart upon your experience. That is where a family law attorney can make a tremendous difference in your case.
Family law attorneys know the law that is relevant to your case. Like any other area of the law, family law has specific elements that do not come up elsewhere. An attorney who practices primarily contract law would not be able to tell you much about the standard possession order. In this way, selecting an attorney who has experience in family law is of the utmost importance. When you meet with an attorney for the first time be sure to ask him their level of experience in family law. You may be surprised to learn that he or she lacks specific experience in child custody cases.
What attorneys who practice family law also possess is experience walking alongside families like yours. We are all limited by experience in one way or another. Even if you know the law and have a good idea of how to apply the law to your case you still may not understand the full extent of how these subjects relate to your family. There may be unforeseen situations that pop up that cause you to second-guess your decision-making. Until you become immersed in your case there are going to be elements that catch you by surprise. The family law attorney can see mistakes coming from further out. As a result, the attorney can help you to avoid unnecessary mistakes and plan for better outcomes in your case.
Supervised visitation in a Texas child custody case
Let’s assume that you and your child’s other parent are going through some difficult times in your lives together. Your relationship has come to an end, and you are now working with the other person to create a possession schedule that suits your family as best as possible. However, the day after you filed the child custody case your child’s father was arrested for drunk driving. Worse yet, the arrest occurred while he was on the way to pick up your child from school. This puts you in a position where you have to leave work early to pick up your child because he was unable to.
This is not only a scary situation to find yourself in for that day, but it also brings into question whether your child’s father can be trusted to care for your daughter. Does he have what it takes to be responsible moving forward? Certainly, in the short term, he does not. You have no idea how to account for this in your family law case. So, you reach out to the Law Office of Bryan Fagan to speak with one of our attorneys about how to proceed. Is there anything that can be done to help keep your child safe? What are some options when it comes to allowing for some contact between the other parent and your child?
One of the primary tools that could be utilized in this situation is known as supervised visitation. Supervised visitation allows for your co-parent to spend time with your child under certain circumstances. Those circumstances would be supervised by another person. This could be at a private residence or a supervised visitation facility. Because of his inability to make good decisions behind the wheel, your co-parent has put himself in a difficult position when it comes to trust. Supervised visitation allows for some contact in a controlled setting.
Stair-step visitation orders
However, that does not mean that your co-parent cannot regain possession time with your child in the future. There are ways to regain that possession time through good behavior and good decision-making. For instance, your possession order may include something called stair-step visitation. Stair-step visitation involves very limited periods of visitation at the beginning of a legal process. Over time, your co-parent may earn greater amounts of visitation.
You should be very specific as you lay out the grounds under which your co-parent can earn more visitation time. Passing drug and alcohol tests may be one such benchmark. These drug and alcohol tests can be administered randomly or on a certain schedule. Costs associated with the drug tests as well as the location of a drug test should be outlined in detail. Again, working with an experienced family law attorney can help to provide you with additional pieces of information that can assist you with creating a stair-step visitation schedule. Stair-step visitation schedules are not common in Texas family law. If you need to create one for the betterment of your family, there are likely serious circumstances going on at home. Do not leave anything to chance.
The importance of communication in a joint parenting scenario
No matter how you approach the situation, there needs to be strong communication between you and your co-parent. Working together to raise a child is not easy. This is true even in the best of times. When you and your child’s other parent do not live together communication becomes even more important. There is no substitute for proactive and diligent co-parenting.
Work with your child’s other parent to determine the best way for you all to communicate with one another. For example, some families choose to use shared calendars online that allow each of you to see one another’s schedules. Any disagreements or questions about the schedule can be raised in advance. Seeing a monthly calendar can help avoid surprises. Sometimes miscommunication is just the result of a lack of planning.
Your child’s other parent may be the last person that you want to have a long-term communicative relationship. However, that is exactly what your child needs to be the best they can be under the circumstances.
Final thoughts on possession orders in Texas child custody cases
Child custody cases are challenging. That said, the amount of effort you put into a child custody case we’ll see a similar return. Typically, the more effort you put into parenting the greater the return you will receive. This is especially true when it comes to creating a possession schedule with your child’s other parent. You can expect that your child’s circumstances will improve as you create a possession schedule better tailored to his needs.
Use the family law case as a trial run. See what works better for your family. If something turns out to not work well then you can change it after your case. In short, do not become lethargic or willing to settle. The work you put into the case will determine the success of your plan for years to come. Thank you for joining the Law Office of Bryan Fagan here on our blog.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
