Designing a Creative Custody Schedule

 Posted on June 14, 2017 in Child Custody

In Texas, couples who make the decision to file for divorce have the option of coming to an out of court agreement about child custody and visitation issues. Although all parenting plans must be approved by the court prior to the conclusion of the proceedings, this still allows parents to create a schedule that meets the needs of all parties, especially the children. When the parties are unable to come to an agreement, however, visitation matters will be decided by the court, which can leave everyone dissatisfied. Having the advice of an experienced family law attorney can make all the difference in whether parents are able to reach an agreement outside of court, so if you are considering a divorce and have questions about visitation rights, it is necessary that you reach out to an experienced complex child custody attorney who can assist you in protecting the interests of both you and your children.

Why Do I Need a Unique Schedule?

When a court decides visitation issues, it often abides by a predetermined schedule. While these schedules are appropriate for many families, they are not always workable. This is because different careers and parenting styles can make it extremely difficult for a family to comply with a Standard Possession Order (SPO). For example, if one parent is a pilot or is required to go on regular business trips, he or she may not only not be able to comply with the custody order, but will miss out on valuable time with his or her children. Alternatively, a parent who is a doctor and is on call may be required to leave unexpectedly to attend a patient at the hospital. This can leave parents attempting to make last minute child care arrangements or missing visitation with their children altogether. In these types of situations, a standard possession order is not always in the best interests of either the parents or the children.

Standard Possession Orders

In Texas, the SPO was created by Texas lawmakers and is presumed to be in the best interests of both parents and children. However, the SPO generally reflects a traditional family structure, with one parent fulfilling the role of primary nurturer and the other working a 9:00 - 5:00 job during the weekdays. This is not always the right fit for families, especially when both parents are employed on a full time basis or fulfill different roles within the family. When couples are able to come to their own out of court agreement, however, they can create a plan that is custom fitted to their own situation. This could include a schedule where the children alternate weeks at each parent’s house, or where one parent sees the children everyday after school until dinnertime, while the other has access to the children in the evening and morning hours. Each agreement will depend on the specific circumstances of the family, including the parent’s occupations, the child’s hobbies and ages, and the distance between the parent’s homes. However, once the plan is created, it can help children transition more easily into their new schedules, while still having access to both parents on a regular basis.

Contact an Experienced Complex Child Custody Attorney

To speak with an experienced Round Rock complex child custody attorney, please contact Powers Kerr & Rashidi, PLLC. We are eager to address your concerns and immediately begin working on your behalf.

Sources:

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.153.htm

https://www.texasattorneygeneral.gov/files/cs/qa_ncp.pdf