Parents facing a new custody schedule often have concerns about adapting their lives and their child’s to this change. Here, we’ll explore key points about possession, visitation, and time management for your child.
If this article doesn’t cover your unique situation, don’t worry. The Law Office of Bryan Fagan, PLLC, offers free consultations six days a week. After reading this post, you’re welcome to contact us for a consultation and to discover more about our services.
The Effect of School on Possession in Texas
In Texas, understanding the school calendar’s impact on a Standard Possession Order (SPO) is key. An SPO often includes extended weekends around school holidays or teacher in-service days. This alignment is based on the academic schedule.
Your custody plan closely follows the school calendar. It covers both the academic year and weekly schedules. Yet, most orders don’t name a specific school or district. So, which school calendar applies to your child? In Texas, it’s either the calendar of your child’s school or, for pre-schoolers, the district where they live.
This is especially pertinent for parents of preschool-aged children. In these cases, the school district of the child’s main residence takes precedence. If you’re a non-residential parent with weekend visitation rights, it’s the school district where the custodial parent lives that matters.
Remember, you and your child’s other parent have the flexibility to negotiate terms outside the official custody order. If certain aspects of the order become impractical, you both can agree on arrangements that better suit your family’s needs. This approach can prevent disputes and misunderstandings, especially regarding which school calendar to follow for your child.
Primary Custody: What Will a Judge Look at When Making This Decision for My Child?
When undergoing a child custody or divorce case, one of the most common concerns is the prospect of being the “primary” parent. This role is often sought after for the desire to maximize time with the child.
In family law, joint conservators under a Standard Possession Order (SPO) usually share almost equal time with the child. The crucial difference lies in deciding which parent has the right to determine the child’s primary residence. Despite the relatively balanced time split under an SPO, securing the position to designate the child’s primary residence is seen as a significant advantage.
Courts primarily focus on several factors when appointing a primary conservator:
- Child’s Welfare: Any evidence of abuse, neglect, or misconduct can disqualify a parent from being the primary conservator. Even joint conservatorship might be in jeopardy if past actions didn’t align with the child’s best interests.
- Parental Schedules: The court compares the parents’ schedules to determine who can provide more immediate attention to the child. The parent better positioned in this regard usually has an advantage.
- Co-Parenting Ability: The capacity to co-parent effectively and promote a positive relationship between the child and the other parent is highly valued.
- Parental Involvement History: The court considers each parent’s historical involvement in raising the child. A parent who has been more actively involved in the child’s life, attending school events and medical appointments, generally has a better chance of being named the primary conservator.
Navigating these considerations is crucial in custody cases, as they play a pivotal role in the court’s decision regarding primary custody.
Questions about Visitation, Possession, or any other subject in family law? Contact the Law Office of Bryan Fagan, PLLC
If you consider whether or not to file for a divorce or child custody case, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC, today. A licensed family law attorney is available to meet with you six days a week in a free-of-charge consultation. We will be happy to answer your questions and discuss the services that our office can provide you with as our client.
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Frequently Asked Questions
A 2-2-3 possession schedule is a co-parenting arrangement where one parent has the child for two days, then the other parent has the child for two days, and finally, the first parent has the child for three days. This pattern then repeats, creating a predictable schedule for both parents and the child.
A 2-2-5 possession schedule is another co-parenting arrangement where one parent has the child for two days, then the other parent has the child for two days, and finally, the first parent has the child for five days. This pattern then repeats, providing more extended periods of time with each parent.
The possession calendar in Texas for the year 2023 includes the dates and schedules for holiday visitation, school breaks, and special occasions. It outlines when each parent will have possession of the child during these specific periods, ensuring clarity and consistency in the co-parenting plan.
To get a possession order in Texas, you need to file a request with the court as part of your divorce or child custody case. The court will consider the best interests of the child and various factors before issuing the possession order that outlines each parent’s visitation rights and schedule.
Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding Divorce, it’s essential to speak with one of our Houston, TX Child Divorce Lawyers right away to protect your rights.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
