Child Custody in Texas – beallawfirmblog

How to Obtain a Geographic Restriction in a Texas Custody Case

In a custody case, it is common for parents to have concerns about the geographic location where their child will reside. A geographic restriction, also known as a residency restriction, is a court order that limits the child’s primary residence to a specific geographic area. This article will guide you through the process of obtaining a geographic restriction in a Texas custody case.

Understand the Importance of Geographic Restrictions:
Geographic restrictions are often put in place to ensure stability and consistency in a child’s life. It helps to maintain a close relationship between the child and both parents, promotes a routine, and minimizes disruptions in their education and social life.

The Court has the absolute power to restrict where a child resides; however, the Court cannot tell either parent where they are allowed to live.

Gather Relevant Information:
To successfully obtain a geographic restriction, you should gather relevant information that supports your case. This evidence can include evidence of the child’s current school, extracurricular activities, medical providers, and community involvement. Additionally, you may need to demonstrate any negative impacts that might arise if the child’s primary residence were to be relocated outside the proposed geographic area.
Consult with an Experienced Family Law Attorney:
Navigating the legal system can be complex, especially in custody cases. It is crucial to consult with an experienced family law attorney who specializes in Texas custody cases. They will guide you through the process, explain the legal requirements, and help you build a strong case for a geographic restriction.
File a Petition:
Your attorney will help you file a petition with the appropriate Court to request a geographic restriction. The petition may clearly state the reasons why you believe the limitation is in the child’s best interests; however, that is not absolutely necessary.
Present Evidence:
During the legal proceedings, it is crucial to present convincing evidence to support your case for a geographic restriction. This can include testimony from witnesses, documents, photographs, and any other evidence that demonstrates the child’s best interests. Your attorney will help you prepare and present the evidence effectively.

For more on how a court decides what is in the child’s best interest click here.

Negotiation or Mediation or Trial or Jury Trial
In most custody cases, courts encourage parents to settle disputes through mediation. Mediation typically takes place if the matter cannot be resolved through negotiation and prior to trial. But the parties and lawyers can continue to negotiate after mediation and before trial and a trial can even be paused for a mediation, once it has started.

Mediation is an opportunity to reach an agreement on the geographic restriction and “settle out of court,” but the reality is that many residency restriction cases are unsettleable due to there not being a good “middle ground.”

Court Hearing:
If mediation or negotiation fails, and typically upon request,the Court will schedule a trial to determine the outcome of the geographic restriction.

That’s because failing settlement prior to trial, the only way to end a case is with a trial. In a domicile restriction case, in Texas, a trial can be by Judge alone or by Jury. If by Jury, the decision of the Jury cannot be changed by the Judge.

During the trial, both parties will present their arguments, evidence, and witness testimony. The Court will consider the child’s best interests when making a decision.

Court Decision:
The Court (Judge alone or Jury) will decide whether to grant the geographic restriction based on the evidence presented. The Judge or Jury will consider various factors, such as the child’s relationships with each parent, the child’s educational and healthcare needs, and the impact of relocation on the child’s overall well-being.
Compliance with the Court Order:
Both parents must comply with the order once the Court grants the geographic restriction. Failure to comply can result in legal consequences. These consequences can be a finding of contempt and jail time. It is crucial to ensure that the child’s primary residence remains within the specified geographic area as ordered by the Court.

Conclusion:
Obtaining a geographic restriction in a Texas custody case requires careful preparation, effective presentation of evidence, and legal expertise. By understanding the importance of geographic restrictions, consulting with an experienced attorney, and following the legal process, you can increase your chances of obtaining a geographic restriction that serves the best interests of your child.

Child Custody: What is a Standard Possession Schedule?

A key part of any custody order is the possession schedule. Understanding it is the key to understanding when you have the right to have possession of your children and when you don’t. In Texas, Family Code Section 153.312 specifies what the Standard Possession Schedule is. By law, the Standard Possession Schedule (also known as […]

A key part of any custody order is the possession schedule. Understanding it is the key to understanding when you have the right to have possession of your children and when you don’t.

In Texas, Family Code Section 153.312 specifies what the Standard Possession Schedule is.

By law, the Standard Possession Schedule (also known as the SPO) sets out the minimum amount of time that is presumed to be reasonable for a fit parent to have with his or her children. Meaning that unless evidence is introduced proving why it would not be in the Best Interest of the Children to spend at least that much time with a parent, a judge must give a parent at least that much time. For a discussion of the Best Interest standard, see this previous blog post.

At the outset of virtually any possession schedule, whether it is an SPO, Modified SPO, or something else, you will find a statement that “the parties may have possession of the child at times mutually agreed to in advance by the parties.”

If the parties don’t agree on something different, then the terms of the possession schedule in the order control. The basics of the Standard Possession Schedule for the non-primary parent – when the parties live within 100 miles of each other – are this:

First, Third, and Fifth Weekends.

In an SPO, the non-primary parent has the right to have possession of the children on each of the 1^st, 3^rd, and 5^th weekends, from 6:00 p.m. on Friday until 6:00 p.m. on Sunday. The number of the weekend in a month is determined by the Friday. So the 1^st Friday of the month starts the 1^st weekend of the month. There are usually only four 5^th Weekends per year, and often two of them get “trumped” by holiday or summer schedules.

Every Thursday evening, during the school year.

It is critical to note that the Thursdays are only during the school year, even if the child does not attend school. In that case, the calendar of the school in which the child primarily resides is used for the dates of the beginning and ending of the Thursday night possessions. In the SPO, the times for the Thursday evening are 6:00 p.m. to 8:00 p.m.

Every other Thanksgiving and Spring Break.

The parents alternate the Thanksgiving Breaks and the Spring Breaks each year. In the past, some schools only allowed Wednesday, Thursday, and Friday off for Thanksgiving, but now most schools appear to take off an entire week. Regardless of the length, the parent that has the children for Thanksgiving gets them for the entire time that they are out of school, per the SPO.

Christmas Break alternates 1^st part and 2^nd part.

Under the SPO, Christmas break is divided into two parts. The first part is from the time school is out until noon on December 28^th, and the second part is from noon on the 28^th until school starts again. In years past, the SPO provided the dividing line on December 26^th. Regardless, one parent gets the 1^st part in even-numbered years, and the 2^nd part in odd-numbered years and vice versa.

Summer Break.

In the summer, the SPO provides that the non-primary parent keeps his or her weekends – subject to some other rules – loses their Thursdays, but gains an extra 30 days. The 30 days have to be exercised in no more than two groups of no less than seven days each. If the non-primary parent fails to give notice of what days he or she wants the children for the summer, there is a default provision, which is basically all of July.

Keep in mind that there is a lot more to it than this. And the terms talked about above do not include the Expanded or Extended provisions, which will be covered in a future blog post. Additionally, be aware that the Standard Possession Schedule only applies to children age three and over.

If you need to discuss any of this with an attorney, you can contact the Beal Law Firm attorneys at 817.261.4333 or 214.414.0418 or write us at lawyers@dfwdivorce.com. Our website can be found at www.dfwdivorce.com.

Custody: How does possession work for Firefighters?

A Firefighter can have a custom possession schedule.

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.

A New Judge for the 360th District Court

Does it matter who the Judge is?

As of January 1, 2017, the Judge of the 360^th District Court in Tarrant County, Texas is the Honorable Patricia Bennett. Judge Bennett replaces Judge Michael Sinha, who had been the Judge of the 360^th and, the prior to that, the Associate Judge of the 360^th for years.

Judge Bennett has chosen Matt Riek to be her Associate Judge, and Judge Riek will take the bench on or about January 16, 2017. Judge Riek replaces Judge Cynthia Mendoza.

Both Judge Bennett and Judge Riek are Board Certified in Family Law by the Texas Board of Legal Specialization, and each has years of experience in divorce, custody, and family law. Additionally, Judge Riek was one of the most sought after and well-respected family law mediators in the Dallas-Fort Worth Metroplex prior to agreeing to accept the position of Associate Judge.

So, with these changes, one might ask: Does it matter who the Judge is?

The short answer, particularly in Family Law is Yes!!!

Family law – meaning divorce, custody, grandparent rights, child support, spousal support, alimony, etc. – is an area of the law that, unlike most areas, is governed by the “discretion of the court.” Under Texas law, the trial court judge has wide discretion in determining a number of items in family law. What that means in simple terms is that you are not entitled to have a jury make the decision, it has to be the judge, and your chances of getting an appellate court to overturn the trial court’s decision are extremely small.

Some of the things that a family court judge gets to decide with little chance of being overturned are:

How the property will be divided in a divorce – Will the property be divided 50/50 or 60/40 or 80/20 or in some other ratio?
What happens to the property in a divorce – Do you get to keep the house? Or does your soon-to-be Ex? Or is there a Court Order to sell it?
Who gets to live in the house while the case is pending?
Who has to pay which bills while the case is pending?
Who gets custody of the children while the case is pending?
How much child support will be paid and by whom to whom?
How much temporary spousal support will be paid, if any, while the case is pending – even if it’s for years – and by whom, to whom?
Does anyone deserve Spousal Maintenance – the Texas version of court-ordered alimony – and if so how much and for how long, within some limits?
What will the rights and duties be with respect to the children? Do you have a say in who the children’s doctor is? Dentist is? Surgeon is? Will there be surgery? Will the children go to a psychiatrist?
On what days and at what times will you be allowed to see your children?
Will you be able to Facetime with your children? Call them? Email them?

These are just a few of the things that family court judges get to decide, and as long as that Judge stays on the bench and as long as the children stay in the county, the same judge will keep deciding these issues regarding your children until they age out of the system.

So what do you think? Does it matter who the judge of your court is?

Custody and Support: Five Simple Answers for Christmas Related Questions

But what if…

Can I count the Christmas presents that I buy as child support?

No.

Generally speaking, court-ordered child support can only be discharged according to the terms dictated in the order. In fact, most orders contain a warning that says:

No Credit for Informal Payments

IT IS ORDERED that the child support as prescribed in this decree shall be exclusively discharged in the manner ordered and that any direct payments made by ______________ to ______________ or any expenditures incurred by ________________ during his/her periods of possession of or access to the child, as prescribed in this decree, for food, clothing, gifts, travel, shelter, or entertainment are deemed in addition to and not in lieu of the support ordered in this decree.

If my ex agrees that I don’t have to pay all of my child support this month because I will be buying Christmas presents, is that true?

No.

In 1991, the Texas Supreme Court determined that the Family Code prohibited parents from making agreements to “modify court-ordered child support without court approval.”

Meaning that any agreements with your ex regarding child support, even if in writing, are unenforceable.

If my ex does not let me have the children like he/she is supposed to for Christmas, can I withhold child support?

No.

A standard warning that is to be included in all support orders is as follows:

REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY.

So, regardless of whether the denial of access is a few minutes or the entirety of Christmas vacation, court ordered child support is still due. Whether the court will later put your ex in jail and give you make-up time is another matter for another day.

If my ex is behind on child support, do I still have to give him/her the children for the Christmas possession?

Yes.

Another standard warning that should be in all orders is:

FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD.

So, regardless of whether your ex is ten payments behind in child support, one payment behind, or just late with this month’s payment, the court ordered possession is to be allowed. Note, however, that unlike child support, possession can be informally modified by the parties.

If my court order does not contain all of the warnings discussed in this blog, is the answer different for me?

No.

These warnings simply state the law. And the law is the same, whether you have been warned or not.

To discuss any of this with the attorneys at the Beal Law Firm, call us at 214.414.0418 or 817.261.4333, or write us at lawyers@dfwdivorce.com. We are on the web at www.dfwdivorce.com.

Custody: Airline Pilot Possession Schedule

Pilots and Crew Members often need unique possession schedules, if they are going to spend quality time with their children.

Parents who are not together often have court orders detailing the times during which they each have possession of their children. These orders arise in Divorce and Custody cases.

Texas has a Standard Possession Schedule, an Expanded Standard Possession Schedule, and rules regarding what type of schedule a court should give for children under the age of three. All of these are laid out in the Texas Family Code, Chapter 153.

But, these standard concepts are not the only schedules available for the court or parties to choose from. When one or both parents have a job that does not allow for set possession times, the parties can agree to use an alternate schedule that is tailored for the lifestyle associated with the job. If the parties cannot agree to use such a schedule, one of the parties can ask the court to order a flexible schedule.

One such schedule is that used by Airline Pilots and members of Airline Flight Crews.

A typical Airline Pilots schedule or Air Crew schedule may include language that includes a “finding” by the Judge that the pilot/crew member is “unable to exercise predictable periods of possession occurring on the same days of each month” because of his or her “work and flight schedule.”

The order may go on to describe how and when the Pilot or other Crew Member receives his or her schedule and what the schedule contains.

In order to have a system that allows for consistent possession of the children by the parent with the inconsistent schedule, the Judge can order the airline-employed parent to deliver a copy of his or her schedule to the non-airline employed parent within a reasonable amount of time after receiving it, and to elect which weekends and weekdays the Pilot or Crew Member will be exercising. Although there may be a designated method that the parties are supposed to use to try to resolve any conflicts, since the Airline parent’s schedule is likely less flexible, an order would typically give the Airline parent’s choice priority.

If an Airline or Pilot’s Schedule is used, it is typical to include language that the unique terms will only apply “until such time as” the Airline parent “is no longer employed as an airline pilot [or crew member].” The order can then include terms for possession that will begin at that time, whether a Standard Possession Schedule or otherwise.

One thing to keep in mind, however, is that there is no requirement that a Trial Judge give an Airline Parent a unique Airline Possession Schedule that meets all of his or her needs. In fact, in one Texas case several years ago, a Fort Worth Judge awarded a pilot a Standard Possession Schedule, despite evidence that the pilot would not be able to effectively exercise the schedule and would thus be denied the ability to frequently and consistently see his children. Fortunately for the pilot, the case was reversed by an Appellate Court on other grounds.

To discuss the unique needs of your situation with the lawyers of the Beal Law Firm, please call us at 817.261.4333 or 214.414.0418, or write us at lawyers@dfwdivorce.com. You can find us on the web at www.dfwdivorce.com.

Custody: Electronic Access to your child

Court Orders for phone Calls, emails, and video-chat with your child

Spending time with your child is important. Everyone knows that. But when parents are not “together,” courts often have to get involved to tell each parent when they are allowed to exercise their possession time. If the parents can agree on a schedule, courts will usually approve it.

Sometimes the non-primary parent gets a standard possession schedule, as described here, and sometimes the non-primary parent gets an “expanded” standard possession schedule, as described here. Sometimes parents get something altogether different, like a week-on/week-off schedule or other 50-50 arrangement.

But, in addition to all of that, one other option that parents have to maintain a relationship with their children is through electronic communication.

In 2007, the Texas Family Code added Section 153.015, entitled Electronic Communication with Child by Conservator. The term “conservator” is used for virtually all parents of minor children that go through the court system, whether in a divorce or custody case.

The code defines electronic communication as “any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media…[including] communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam.”

Unfortunately for parents that can’t agree on the terms of the custody order and have to get the court to decide the terms for possession and access, the statute does not provide much guidance.

Per the code, if a parent is seeking Electronic Communication access, the Judge must allow evidence to be introduced concerning:

Whether electronic communication is in the best interest of the child; and
Whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order.

The Code goes on to state that any court order for Electronic Access shall require both parents to:

Provide the other conservator with the e-mail address and other electronic communication access information of the child; and

Notify the other conservator of any change in the e-mail address or other electronic communication access information not later than 24 hours after the date the change takes effect.

Perhaps most interesting in the statute, the Code provides that in virtually any Electronic Access order the Judge must require the parties to:

accommodate electronic communication with the child, with the same privacy, respect, and dignity accorded all other forms of access, at a reasonable time and for a reasonable duration subject to any limitation provided by the court in the court’s order.

What exactly does that mean? It probably means whatever the judge hearing the case thinks that it means, since there is no case law defining the terms used.

So what should you do if you are in a divorce or custody case and want Electronic Access with your child?

Ask for it;
Be ready to put on evidence of why the access you seek is in the Best Interest of your child;
Be ready to put on evidence of the availability of the specific type of access you seek.

If you would like to discuss this or any other custody issues with the attorneys of the Beal Law Firm, please call us at 817.261.4333 or 214.414.0418, or write us at lawyers@dfwdivorce.com. You can find us on the web at www.dfwdivorce.com.

Custody: What is the Extended or Expanded Standard Possession Schedule?

As discussed in a previous blog post, Texas has a Standard Possession Schedule that is part of the Texas Family Code. The Standard Possession Schedule (“SPO”), for the most part, limits the time that the non-primary parent has a right to see his or her children during the school year to 1^st, 3^rd, and 5^th weekends from 6:00 p.m. Friday to 6:00 p.m. Sunday – and very few months have 5 weekends.

The good news for non-primary parents that want to see their children more than the SPO provides is that the Texas Family Code Section 153.317 provides for “Alternate Beginning and Ending Possession Times,” that can create what is commonly known as an Extended or Expanded Standard Possession Schedule.

The Code states, in part:

“If elected by a conservator, the court shall alter the standard possession order. . . to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child:

(1) for weekend periods of possession. . . during the regular school term:

(A) beginning at the time the child’s school is regularly dismissed;

(B) ending at the time the child’s school resumes after the weekend; or

(C) [both] beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B);

(2) for Thursday periods of possession [during the school year]. . .:

(A) beginning at the time the child’s school is regularly dismissed;

(B) ending at the time the child’s school resumes on Friday; or

(C) [both] beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B);

(3) for spring vacation periods of possession . . ., beginning at the time the child’s school is dismissed for those vacations;

(4) for Christmas school vacation periods of possession . . ., beginning at the time the child’s school is dismissed for the vacation;

(5) for Thanksgiving holiday periods of possession . . ., beginning at the time the child’s school is dismissed for the holiday;

(6) for Father’s Day periods of possession . . ., ending at 8 a.m. on the Monday after Father’s Day weekend;

(7) for Mother’s Day periods of possession . . .:

(A) beginning at the time the child’s school is regularly dismissed on the Friday preceding Mother’s Day;

(B) ending at the time the child’s school resumes after Mother’s Day; or

(C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); or

(8) for weekend periods of possession that are extended . . . by a student holiday or teacher in-service day that falls on a Friday, beginning at the time the child’s school is regularly dismissed on Thursday.”

As important as the optional extra time is, possibly the most important part of the Code provision is that the choice of getting the extra time belongs to the non-primary parent, as long as the election is made properly and timely, unless “the court finds that the election is not in the best interest of the child.”

That means that if a non-primary parent is denied any of the extra time he or she seeks, the court can be made to explain its denial, and the denial is subject to review by an appellate court.

Different people measure time spent with children differently – some count the nights, some count the hours, some count the “quality time.” The real good news with the expanded schedule provided by 153.317 is that by some measure, even the “loser” of a custody battle can get to have his or her children for almost 45% of time – depending upon how it’s counted. Whether the parent can actually exercise the time depends in large part on the distance between the parents – which to some extent is governed by whether a geographic restriction exists. For more on that, see the prior blog post.

To discuss your custody issue with the lawyers of the Beal Law Firm, call us at 817.261.4333 or 214.414.0418, or write us at lawyers@dfwdivorce.com. You can find us on the web at www.dfwdivorce.com.

Divorce and Custody: Changed your address? Why ask for trouble

If you have a Texas Divorce Decree involving minor children or a Texas Custody Order, it no doubt has the following language:

Each person who is a party to this order is ordered to notify each other party, the Court, and the state case registry of any change in the party’s current residence address, mailing address, home telephone number, name of employer, address of employment, driver’s license number, and work telephone number. The party is ordered to give notice of an intended change in any of the required information to each other party, the Court, and the state case registry on or before the 60th day before the intended change. If the party does not know or could not have known of the change in sufficient time to provide 60‑day notice, the party is ordered to give notice of the change on or before the fifth day after the date that the party knows of the change.

The duty to furnish this information to each other party, the Court, and the state case registry continues as long as any person, by virtue of this order, is under an obligation to pay child support or entitled to possession of or access to a child.

Failure by a party to obey the order of this Court to provide each other party, the Court, and the state case registry with the change in the required information may result in further litigation to enforce the order, including contempt of court. A finding of contempt may be punished by confinement in jail for up to six months, a fine of up to $500 for each violation, and a money judgment for payment of attorney’s fees and court costs.

You may have never read your decree or order carefully, and you may have especially not read this section. But it’s worth taking a look. Why? Because it imposes a duty on you that, if violated, can lead to jail time.

Is it likely that you will go to jail for failure to provide the notice required by this provision? There is no way of knowing for sure. But why take a chance.

So, in order to help eliminate any chance that this provision will lead to trouble, follow these links to forms that you can use to meet your obligation. – .pdf version – Word version.

If you need legal help with any other Divorce, Custody, or other Family Law related issues, you can call the attorneys of the Beal Law Firm at 817.261.4333 or 214.414.0418. You can also write us at lawyers@dfwdivorce.com or find us on the web at www.dfwdivorce.com.

Divorce and Custody: Possession Schedules for Children Under Age Three

When couples go through a divorce with children or just a custody case, one of the most important things to be determined is the possession schedule for the children.

If the parties cannot agree to a schedule that is in the Best Interest of the Children, the court will order a schedule.

As discussed in a prior blog post, Texas has established a Standard Possession Schedule (SPO) for use by divorce and custody courts in ordering the possession of children. By law, however, the SPO is designed to be used for children age three and over.

So what about children under the age of three?

Neither the Texas Family Code nor case law establish a standard schedule for children under the age of three.

For children that young, the Family Code states that “The court shall render an order appropriate under the circumstances” and then gives a non-exhaustive list of factors that courts are obligated to consider.

The factors detailed in the Code are:

(1) the caregiving provided to the child before and during the current suit;

(2) the effect on the child that may result from separation from either party;

(3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child;

(4) the physical, medical, behavioral, and developmental needs of the child;

(5) the physical, medical, emotional, economic, and social conditions of the parties;

(6) the impact and influence of individuals, other than the parties, who will be present during periods of possession;

(7) the presence of siblings during periods of possession;

(8) the child’s need to develop healthy attachments to both parents;

(9) the child’s need for continuity of routine; and

(10) the location and proximity of the residences of the parties.

The code also states that the court shall consider “the need for a temporary possession schedule that incrementally shifts to” an appropriate schedule beginning at age three, with the incremental shifts based upon what would be appropriate, given the child’s age, and any evidence of “minimal or inconsistent contact with the child” by either parent.

Finally, the Code mandates the Courts consider “the ability of the parties to share in the responsibilities, rights, and duties of parenting” and “any other evidence of the best interest of the child.”

So what does a “a temporary possession schedule that incrementally shifts” (a “stairstep schedule” or “stairstep possession schedule”) look like?

With respect to Weekday and Weekend Possession, it may provide that the non-primary parent’s possession schedule is as follows:

Tuesdays – On Tuesday of each week, beginning at 5:00 p.m. and ending at 8:00 p.m.

Thursdays – On Thursday of each week, beginning at 5:00 p.m. and ending at 8:00 p.m.

Saturdays Until the Child’s Second Birthday – Until the child reaches two years of age, on the first, third, and fifth Saturday of each month, beginning at 10:30 a.m. and ending at 5:00 p.m. on that same day.

Sundays Until the Child’s Second Birthday – Until the child reaches two years of age, on the first, third, and fifth Sunday of each month, beginning at 10:30 a.m. and ending at 5:00 p.m. on that same day.

Weekends Beginning on the Child’s Second Birthday-When the child reaches two years of age, on weekends, beginning at 10:30 a.m. on the first, third, and fifth Saturday of each month and ending at 6:00 p.m. on the following Sunday.

In addition to these terms, it would likely have additional time for holidays and the child’s birthday.

But, remember that stairstep schedules like that above are not mandatory. Even after considering all of the factors found in the Family Code, the Court may order that the non-primary parent have a standard possession schedule or even a 50-50 schedule, such as a week-on, week-off schedule.

If the parents don’t agree, it is up to the discretion of the court. Just because an SPO or more is not presumed the correct choice, does not mean that a court cannot decide, in its discretion, that it is the best choice.

There is a lot to know about possession schedules, as well as all of the other components of a custody order. To discuss any of this with the attorneys at the Beal Law Firm, call 817.261.4333 or 214.414.0418, or write us at lawyers@dfwdivorce.com. You can find us on the web at www.dfwdivorce.com.

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