When a firefighter is involved in a custody situation, some unique problems arise. Although Texas has a Standard Possession Schedule that is presumed to be reasonable in most circumstances, that type of schedule won’t work for someone working a firefighter’s schedule.
If the parents can agree on a schedule, they can work out whatever they want, but if disagreements arise, it is best to have a court order that will dictate the terms of possession.
In that case, the court can order a Firefighter Possession Schedule that has terms that will help the firefighter actually be able to spend time with his or her child. Some of these terms include the following:
“_______________is employed as a firefighter with the ________________ Fire Department. He/she works 24-hour shifts, beginning and ending at 7:00 a.m., with 48 hours off in between shifts.”
“Due to his/her work schedule, ________________ is not able to exercise periods of possession occurring on the same days of each month.”
“An annual calendar of ___________________ scheduled work days is published in advance of each calendar year.”
“IT IS ORDERED that within seven days of the day that _______________receives his/her work schedule for the following calendar year, _________________ shall provide a true and correct copy of such schedule to ___________________ via email.”
“In each instance in which the work shift of __________________ ends on a Friday, then he/she shall have the right to possession of the child beginning at the time the child’s school is regularly dismissed on the Friday on which his shift ends and ending at 8:00 P.M. on the following Saturday.”
“In each instance in which the work shift of __________________ ends on a Saturday, then he/she shall have the right to possession of the child beginning at 9:00 a.m. on the Saturday on which his shift ends and ending at 8:00 P.M. on the following Sunday.”
“In each instance in which the work shift of _________________ ends on a Monday, Tuesday, Wednesday or Thursday, then he/she shall have the right to possession of the child beginning at the time the child’s school is regularly dismissed on the day on which his shift ends and ending at the time the child’s school resumes the following day.”
In addition to these, there can be other custom terms to detail how possession will work during the summer and on holidays.
One thing to remember, however, is that a court is not required to give a firefighter any sort of custom provisions, let alone ones that the firefighter believes would be best. All of this is negotiable during a divorce or custody case. If the parties don’t settle, and leave it to the judge to decide, they may end up with a schedule that is better or worse than the one they could have gotten by agreement.
To speak with the attorneys of the Beal Law Firm about your unique situation, you can call us at 817.261.4333 or 214.414.0418, or write to us at lawyers@dfwdivorce.com. You can find us on the web at www.dfwdivorce.com.
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