Child custody and visitation, referred to in Texas as conservatorship and possession, are almost always sensitive subjects. Children may feel tossed about and as though they have no voice if their parents are arguing over their custody. According to the Texas Family Code, at age 12, a child is mature enough to express to the Judge their preference concerning which parent will have primary … [Read more...]
What Happens When You Don’t Have a Standard Possession Schedule?
When parents cannot agree on a parenting plan, the court will hear evidence from both sides, and establish a parenting plan which establishes child custody, visitation and child support. Although there is a presumption that the Standard Possession Order (“SPO”) should be in place for all children 3 years of age or older, there are exceptions schedule depending on the unique circumstances of each … [Read more...]
What Is a Standard Possession Schedule?
In Texas, when parents divorce, one parent is commonly the one who provides the children with their primary residence. The other parent has a possession schedule. This schedule defines the time that the children will be with the parent who is not the one providing the primary residence. Amicable parents can agree on their own possession schedule for the court to approve. Many parents follow the … [Read more...]
Common Divorce Misconception: Fathers Never Get Custody of Their Children
Many people still think that courts prefer to award primary custody of the children to the mother. Although that may have been true decades ago, that is not the reality today. Traditionally, at the time when mothers stayed at home and took care of the children while the man of the house advanced his career, that may have been a natural solution when the couple split up. Now, it may be a … [Read more...]
What is a Custody Evaluation?
When parents are unable to agree on a parenting plan in a divorce or suit affecting the parent-child relationship, the court will intervene. Some courts order a child custody evaluation by a mental health professional or social worker before deciding on how to award parenting time. But what is involved in a child custody evaluation? A custody evaluation previously was called a “social study.” … [Read more...]
How Does Child Custody Really Work?
Child custody is one of the most contentious issues that needs to be resolved during the divorce process. Two people who are unable to get along, and who have decided it is so unpleasant to live together they simply cannot do it any longer, are expected to work together to make decisions that are in the best interest of their children. If the parents can’t set aside their differences to … [Read more...]
Co-Parenting During the COVID-19 Crisis
Some parents may have worked out their difficulties and found co-parenting working for them before COVID-19. With the pressure of keeping children safe from infection, parents may find that they have very different approaches. One parent may strictly follow established rules of social distancing, not allowing group activities, requiring their children to wear masks, and follow other … [Read more...]
What is Co-Parenting?
Divorcing parents are concerned about child custody and visitation. They worry about how their relationship with their child or children will be affected. The couple may fight with each other about what they each think is in the best interest of the child. Courts encourage the parents to work together in co-parenting their children and to come up with a parenting plan that will work for them … [Read more...]
Child Custody: How Do You Manage Summer With The Kids?
School is out and divorced parents are working out their plans for summer child custody. The Texas Standard Possession order provides for the non-primary parent to spend 30 days during the summer with the children if the parent lives within 100 miles of the children’s primary residence. For parents who missed the April 1 deadline for submitting a request to the court to have their … [Read more...]
The Do’s and Don’ts of Summer Child Custody
The summertime is a great opportunity for parents who are separated or divorced to spend some quality time with their children. This is especially important for those parents who don’t have equal or substantial parenting time with their children during the school year. To take full advantage of this time, you should follow these quick DO’s and DON’Ts of summer child custody. DO…Plan specific … [Read more...]