Possession Schedules (aka Parenting Schedules)
Texas law uses the term “possession and access” to describe a child’s possession schedule with each parent and/or conservator.
A possession schedule contained in an order outlines specific time periods for each conservator to have possession and access to a child throughout the year. While some possession schedules may be year-round, most possession schedules incorporate a specific schedule during the school year and an alternative schedule during the summer and holidays. The majority of Court orders include language that states that conservators can follow any schedule convenient for them that’s outside of the court ordered possession schedule so long as both conservators mutually agree. In the event of a disagreement, no matter how big or small, the court ordered possession schedule should be followed.
One of the most widely used parenting schedules incorporated in family law orders is the Texas Standard Possession Order. For children age 3 and older, Texas law presumes that the Texas Standard Possession Order is in the best interest of the child unless one party produces evidence to the contrary. It is important to note that the Texas Standard Possession Order is the minimum amount of time that courts deem appropriate between a child and the non-primary conservator.
*For cases filed on or after September 1, 2021, see the Office of the Attorney General’s Standard Possession Order breakdown for parents who reside:
- 50 miles or less apart
- 51 to 100 miles apart
- Over 100 miles apart
The Office of the Attorney General of Texas also offers a printable My Sticker Calendar based on the current school year that gives conservators and kids a visual tool to help them better understanding the Texas Standard Possession Order. At Fox Law, we keep copies of the calendar for our clients to have at their request.
Modified Parenting Schedules
Modified parenting schedules are becoming more and more popular, especially as more conservators agree to share equal time or close to equal time with children. Common modified parenting schedules include the following:
3-4 or 4-3
Resources like Custody X Change and AppClose can be great resources for co-parents and conservators to explore different types of modified parenting schedules to determine which schedule might be the best fit for your family.
Co-parenting can definitely present its challenges. If you’re in need of legal advice concerning possession and access to a child or would like more information regarding various parenting schedule options, contact us today to schedule a consultation.
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