A possession and access schedule is a specific schedule that outlines when each parent will have possession of the children. Possession and access schedules are typically ordered by the court in child custody cases, but parents can also agree to a schedule on their own.

Possession and access schedules can vary depending on the circumstances of the children and the parents. Some common factors that the court will consider when determining a schedule include:

The age and developmental needs of the children
The relationship between the children and each parent
The parenting abilities of each parent
The stability of each parent’s home environment
Any history of domestic violence or child abuse
The child’s wishes, if they are old enough and mature enough to express them
The distance between the parents’ homes

In Texas, possession and access orders include language that states that the schedules are “in the absence of mutual agreement.” This means that the parents can agree to be flexible with the schedule if that works for their children and their family, but if they cannot reach an agreement, there is a schedule to fall back on.

Here are some examples of common possession and access schedules:

Joint physical custody: The children spend equal time with each parent.
Primary physical custody: The children spend more time with one parent (the primary custodian) than the other parent (the non-custodial parent).
Sole physical custody: One parent has exclusive possession of the children.

No matter what type of possession and access schedule is ordered, the most important thing is that it is in the best interests of the children. If you are involved in a child custody dispute, it is important to have an experienced attorney represent you.

An attorney can help you understand your rights and options, and they can advocate for your child’s best interests. Contact the Law Offices of Richard C. McConathy today.

Standard Possession Order

The Standard Possession Order (SPO) in Texas is the most common possession schedule ordered by the courts. It provides that the children reside with one parent on Mondays, Tuesdays, and Wednesdays of each week and the second and fourth Fridays and weekends of the month, and the other parent on Thursdays of each week and the first, third, and fifth Fridays and weekends of the month.

The holiday and summer periods of possession are divided equally between the parents. The SPO is typically the schedule that courts impose for parents who cannot agree on a possession schedule on their own.

However, the court may make minor tweaks to the SPO to make it work best for the children in a particular case. For example, the court may order a different schedule if the parents live far apart or if one parent has a work schedule that makes it difficult to follow the SPO.

Here are some examples of circumstances that may warrant a deviation from the SPO:

The parents live far apart.
One parent has a work schedule that makes it difficult to follow the SPO.
The children have special needs or circumstances that require a different schedule.
The children have a strong preference for spending more time with one parent than the other.

If you are involved in a child custody dispute and you are seeking a deviation from the SPO, you will need to convince the court that the deviation is in the best interests of the children. You should present the court with evidence to support your request, such as testimony from experts or documentation of the children’s needs.

It is important to note that the court will always consider the best interests of the children when making decisions about custody and possession. Even if you have a strong case for deviating from the SPO, the court may not grant your request if it believes that the SPO is in the best interests of the children.

If you have any questions about the SPO or about deviating from the SPO, you should consult with an experienced child custody attorney.

50/50 Possession

A 50/50 possession schedule is a child custody arrangement in which the children spend equal time with each parent. This type of schedule is often requested by parents who believe that it is in the best interests of their children to have a close relationship with both parents.

There are many ways to craft a 50/50 possession schedule. Here are a few examples:

Alternating weeks: The children spend one week with one parent and the next week with the other parent.
Dividing the week in half and alternating weekends: The children spend half the week with one parent and half the week with the other parent. The weekends are alternated.
2-2-5-5 schedule: The children spend two days with one parent, two days with the other parent, and five days with one parent, then the arrangement switches the following week.

It is important to note that a 50/50 possession schedule may not be appropriate for all families. For example, if the parents live far apart, it may be difficult for the children to maintain a close relationship with both parents.

Additionally, if one parent has a work schedule that makes it difficult to care for the children full-time, a 50/50 possession schedule may not be feasible. If you are considering requesting a 50/50 possession schedule, it is important to talk to your attorney about the pros and cons of this type of arrangement.

Your attorney can help you determine whether a 50/50 possession schedule is in the best interests of your children and your family. Here are some factors that the court will consider when deciding whether to order a 50/50 possession schedule:

The age and developmental needs of the children
The relationship between the children and each parent
The parenting abilities of each parent
The stability of each parent’s home environment
Any history of domestic violence or child abuse
The child’s wishes, if they are old enough and mature enough to express them
The distance between the parents’ homes

The court will always consider the best interests of the children when making decisions about child custody. Even if you have a strong case for a 50/50 possession schedule, the court may not grant your request if it believes that the children’s best interests are not served by this type of arrangement.

Creative Possession Schedules

Creative possession schedules are child custody arrangements that are tailored to the specific needs of a particular family. These schedules may be necessary if one or both parents have non-traditional work schedules, if the children have special needs, or if the parents live far apart.

Here are some examples of creative possession schedules:

2-2-5-5 schedule: The children spend two days with one parent, two days with the other parent, and five days with one parent, then the arrangement switches the following week. This schedule can be helpful for parents who have alternating work schedules.
Week-on, week-off schedule: The children spend one week with one parent and the next week with the other parent. This schedule can be helpful for parents who live far apart.
Bird’s nest schedule: The children stay in the same home and the parents move in and out. This schedule can be helpful for families who do not want to disrupt their children’s lives with frequent moves.

Creative possession schedules can be complex to create and manage, but they can be a good option for families who need a more flexible arrangement. If you are considering a creative possession schedule, it is important to talk to your attorney about the pros and cons of this type of arrangement.

Your attorney can help you create a schedule that is in the best interests of your children and your family. Here are some factors to consider when creating a creative possession schedule:

The age and developmental needs of the children
The relationship between the children and each parent
The parenting abilities of each parent
The stability of each parent’s home environment
Any history of domestic violence or child abuse
The child’s wishes, if they are old enough and mature enough to express them
The distance between the parents’ homes
The parents’ work schedules and other commitments

It is also important to keep in mind that creative possession schedules can change over time as the children’s needs change. As the children get older, they may have more say in how they want to spend their time.

Additionally, if the parents’ work schedules or other commitments change, the possession schedule may need to be modified. If you are involved in a child custody dispute and you are considering a creative possession schedule, it is important to have an experienced attorney represent you.

An attorney can help you create a schedule that is in the best interests of your children and your family.

Supervised or Contingent Possession

Supervised or contingent possession is a type of child custody arrangement in which the children spend time with a parent under the supervision of a third party or under certain conditions. This type of arrangement is often ordered in cases where the court is concerned about the safety or well-being of the children.

There are many reasons why the court may order supervised or contingent possession. Some common reasons include:

Drug or alcohol abuse
Domestic violence
Untreated mental illness
A history of child abuse or neglect
A flight risk

When the court orders supervised possession, the children will spend time with the parent under the supervision of a third party, such as a family member, friend, or professional supervisor. The supervisor will be responsible for monitoring the parent’s behavior and ensuring the safety of the children.

Contingent possession is a type of possession that is dependent on certain conditions. For example, the court may order that the parent submit to drug testing before and during periods of possession.

If the parent fails a drug test, they will not be allowed to have possession of the children. Supervised or contingent possession can be a difficult and stressful experience for both the parents and the children.

However, it is important to remember that the court’s primary concern is the safety and well-being of the children. If the court believes that supervised or contingent possession is necessary to protect the children, it will order this type of arrangement.

If you are involved in a child custody dispute and the court has ordered supervised or contingent possession, it is important to have an experienced attorney represent you. An attorney can help you understand your rights and options, and they can advocate for your best interests and the best interests of your children.

Forensic Psychological and Custodial Evaluations

In high-conflict child custody cases, the court may order a forensic psychological evaluation of the parents or a custody evaluation of the family. These evaluations are conducted by qualified psychologists who can assess the parents’ mental health, parenting skills, and the impact of their parenting on the children.

The evaluator will typically conduct interviews with the parents, children, and other relevant individuals, such as teachers, friends, and family members. They may also review the child’s medical history, mental health records, and education records.

The goal of the evaluation is to provide the court with a comprehensive understanding of the family dynamics and to make recommendations that are in the best interests of the children. The evaluator may recommend a specific custody arrangement, such as joint custody or sole custody.

They may also recommend other resources, such as counseling or parenting classes. Forensic psychological evaluations and custody evaluations can be complex and time-consuming, but they can be very helpful to the court in making decisions about child custody.

If you are involved in a child custody dispute, and the court has ordered an evaluation, it is important to cooperate with the evaluator and to provide them with all relevant information. Here are some tips for preparing for a forensic psychological evaluation:

Be honest and open with the evaluator.
Be prepared to discuss your mental health history, parenting skills, and relationship with your children.
Be prepared to answer questions about your family history.
Provide the evaluator with any relevant documentation, such as medical records, school records, or court records.

If you have any questions or concerns about the evaluation, be sure to discuss them with the evaluator or with your attorney.

Guardian Ad Litem

A guardian ad litem (GAL) is a person appointed by the court to represent the best interests of a child in a legal proceeding. In Texas, the court may appoint a GAL in a child custody case, a divorce case, or any other case involving a child’s welfare.

The GAL’s role is to investigate the child’s situation and make recommendations to the court that are in the child’s best interests. The GAL may interview the child, the parents, and other relevant individuals.

They may also review the child’s medical records, school records, and other relevant documentation. The GAL’s recommendations are not binding on the court, but the court will give them great weight.

The court will also consider the GAL’s report when making decisions about the child’s custody, visitation, and other important matters. Here are some of the things that a GAL may do:

Interview the child, the parents, and other relevant individuals
Review the child’s medical records, school records, and other relevant documentation
Observe the child interacting with the parents and other caregivers
Gather information about the child’s needs and preferences
Make recommendations to the court about the child’s custody, visitation, and other important matters

It is important to note that the GAL is not a representative of either parent. The GAL’s sole responsibility is to represent the best interests of the child.

If you are involved in a child custody dispute and the court has appointed a GAL, it is important to cooperate with the GAL and to provide them with all relevant information. The GAL is there to help the court make the best decision possible for your child.

Conservatorship

Conservatorship is a legal arrangement in which a court appoints a person or organization to manage the financial and/or personal affairs of a minor or incapacitated adult. In the context of child custody, conservatorship refers to the legal rights and responsibilities of parents to make decisions about their child’s upbringing.

The three most important duties of conservatorship are:

Medical decisions: The right to make decisions about the child’s medical care, such as which doctors to see and what treatments to pursue.
Educational decisions: The right to make decisions about the child’s education, such as which school they attend and what classes they take.
Psychological decisions: The right to make decisions about the child’s mental health care, such as whether they see a therapist and what type of therapy they receive.

These decisions can be made jointly by agreement, independently by each parent, or allocated between the parents. For example, if one parent makes all medical decisions and the other makes all educational decisions, then the conservatorship is allocated between the two parents.

In addition to these three duties, conservatorship also includes the right to designate the primary residence of the child and the right to receive child support.

Here are some examples of how conservatorship might be shared or allocated between parents:

Joint conservatorship: Both parents have equal rights and responsibilities to make decisions about the child.
Sole conservatorship: One parent has exclusive rights and responsibilities to make decisions about the child.
Split conservatorship: Each parent has specific rights and responsibilities to make decisions about the child. For example, one parent might have sole conservatorship over medical decisions, while the other parent has sole conservatorship over educational decisions.

It is important to note that conservatorship is not the same as possession or access. Conservatorship refers to the legal rights and responsibilities of parents, while possession and access refer to the physical time that each parent spends with the child.

If you are involved in a child custody dispute, it is important to understand the different types of conservatorship and how they might be applied in your case. An experienced child custody attorney can help you understand your rights and options, and they can advocate for your child’s best interests.

Rights of Extended Family and Stepparents

Under Texas law, extended family members and stepparents have limited legal rights to maintain a relationship with a child after a divorce. However, in some cases, the court may grant visitation despite the biological parent’s objections. Factors the court will consider include:

The length of the child-stepparent relationship
The emotional closeness of the stepparent and child
The stepparent’s involvement in the child’s life
Whether the stepparent has contributed to the child’s financial support
Whether it would be detrimental to the child if the visitation request is denied

If you are a stepparent or extended family member seeking legal rights to continued involvement with a child, it is important to have an experienced attorney represent you. An attorney can help you understand your rights and options, and they can advocate for the best interests of the child.

Here are some tips for increasing your chances of obtaining visitation rights:

Gather evidence of your relationship with the child. This may include photos, videos, and letters.
Be prepared to discuss your involvement in the child’s life. This may include attending school events, helping with homework, and providing financial support.
Be honest with the court about your motivations for seeking visitation.
Be respectful of the biological parents, even if you disagree with them.

Remember that the court’s primary concern is the best interests of the child. If you can demonstrate that visitation would be beneficial to the child, you are more likely to be successful in your request.

Possession and Access Attorney in Tarrant County, TX

If you are struggling to establish a possession and access agreement for your child in Fort Worth, Arlington, Grapevine, Keller, Southlake, or other cities in Tarrant County, Texas, you do not have to try and handle everything by yourself. Contact The Law Offices of Richard C. McConathy to let our Tarrant County possession and access lawyers help you with every aspect of your case.

Call (817) 422-5350 or contact us online to set up a free consultation. Our firm will take the time to listen to all of the details surrounding your case and then properly advise you on the best steps you can take in your case.

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