Tag: Divorce

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.

Mediation: How does that work?

Mediations happen all the time in Family Law, whether divorce, custody, grandparent rights, or another type of case. Most cases settle and many if not most settle at mediation.

So what is Mediation?

Mediation is a process whereby the mediator attempts to get the parties to reach an agreement. Typically, during a modern Family Law mediation, the parties begin and end in separate rooms. Often they never see each other during the entire mediation.

The mediator is a neutral 3rd party that goes back and forth between the rooms until the case settles, an impasse is declared, or the end of the scheduled mediation is reached. Most mediations are scheduled as either “half-day” or “full-day” mediations, although some are scheduled for shorter or longer periods.

While in the rooms with the parties, the mediator discusses the pros and cons of the case and often points out weaknesses in each party’s case. Usually, the mediator focuses on discussing the weakness of a party with that party. In other words, the mediator is not a cheer leader for either party when speaking with him or her. Many times, each party will believe that the mediator is on the other party’s side, because the mediator only focuses on the weakness of the party with whom he or she is speaking.

Mediations are a part of most family law litigation, if the case is not settled at an earlier stage. (Click here to ready more about the stages of most family law cases.)

The court can order the parties to mediation, and often does, prior to allowing the case to come to trial. In some cases, the court will order that the case be mediated more than once. Some cases mediate based on an agreement of the parties, without a court order.

Although some people mistakenly believe that mediation or hiring a mediator is something that is only done instead of hiring an attorney, the reality is that having an attorney is the only way for a party to properly obtain legal advice.

In its ETHICAL GUIDELINES FOR MEDIATORS, the Texas Supreme Court has stated clearly that a mediator “should not give legal or other professional advice to the parties,” meaning that if parties try to mediate without having attorneys there is no one present to give them advice as to what their rights are and how they should proceed.

Moreover, although there are some non-lawyers that claim to be competent family law mediators, if such a mediator gave any legal advice to either party, he or she would not only be acting contrary to the Ethical Guidelines for Mediators, but engaged in the Unauthorized Practice of Law.

For the most part, divorce and other types of family law are zero sum games – what one party gets, the other does not, and vice versa. Being in a mediation without a trained legal expert who is duty bound to advise as to what one is entitled to and how best to achieve it can have devastating consequences.

One of the most important aspects of the law for which a party needs competent legal counsel is the wording and meaning of any proposed Mediated Settlement Agreement – the MSA. Once an MSA is fully executed, it is virtually written in stone. If a party signs one that contains critical errors, he or she may make a deal that cannot be undone…ever.

To discuss your situation with the attorneys of the Beal Law Firm call 817.261.4333 or 214.414.0418 or write us at lawyers@dfwdivorce.com. We can be found on the web at www.dfwdivorce.com.