Nearly half of divorces in Texas are between parents of children under 18. While it is challenging to contend with custody schedules and visitation, it is essential to do what is in the child’s best interest.
To do this, you must create parenting schedules in Dallas that make sense for both co-parents. Read on to learn about common custody arrangements and to get some parenting tips for divorced former spouses.
Legal Considerations for Custody Schedules
During a divorce, Texas courts prioritize the child’s best interests when deciding on a custody arrangement.They will look into the needs of the child. This includes both their physical wellness and their emotional needs.
Once courts better understand the child’s needs, they will determine whether both parents can meet them. In some cases, one can meet those needs better than the other. For example, if only one parent has a bedroom for the child in their home, that parent is more likely to be awarded primary custody.
Courts will also consider:
- Which parent has a more stable living environment
- Any physical and mental health issues the parents may have
- How willing the parents are to promote a good relationship between the child and the other parent
- Any history of violence, especially family violence, from either parent
- Any history of neglect from either parent
If the child is old enough, courts may also take their preferences into account.
Common Dallas Custody ArrangementsCustody and Visitation are two different determinations that must be made. Custody, or conservatorship, deal with which parent has the right to make which legal, medical or educational decisions for a child, while vistitation determines when each parent is with a child.
In some cases, Texas parents will be awarded sole custody of their children. In these cases , one of the two parents has the right to do as they see fit with the child. They are responsible for all legal and medical decision-making. This may be because one parent is better able to make the decisions or it may be ordered when there has been domestic violence committed by one of the parents against the other parent or the child.
More often, Texas parents will be awarded joint custody (called joint managing conservatorship) and this means that both parents have rights to make decisions about the child. These rights may require the parents to agree before a decision can be made, may permit either parent to make decisions, with or without agreement of the other parent, or may give each parent some of the rights to make decisions exclusively.
The visitation schedule is not related to sole or joint custody determinations, but is instead decided based on what is best for the child regarding the child’s time with a parent. Courts are to presume that a parent should have at least the standard visitation schedule, unless there is evidence presented that a standard visitation schedule would not be in the child’s best interest.
If the court has concerns about a child’s safety or emotional well-being when with a parent, the court may order supervised visitation for that parent. Zero visitation with a parent is only ordered when the court determines that it is not safe for the child emotionally or physically to be with a parent and supervision will not safeguard that child.
When setting a visitation schedule the court may look into:
- The parents’ location
- Financial resources
- Parent’s availability and job schedules
Both parents do not always get the child for an even amount of time.
Standard Possession Order
The Texas Family Code has a written standard possession order (SPO)for parents in Dallas. An SPO is the standard default schedule for parents who:
- Live within 100 miles of each other
- Have a child aged three or older
One parent gets the child on:
- The first weekend of every month
- The third weekend of every month
- The fifth weekend of every month (when applicable)
- Thursday evenings during the school year
- One month (30 days) out of each summer vacation
- Alternating holidays
The other parent – the one who has main custody – will keep the child for the remainder of the time.
This gives children the benefit of spending the entire school year in one place. It also means that both parents get to see the child regularly due to the alternating weekends.
50/50 Arrangement
If parents want to deviate from the SPO, they may create a 50/50 schedule.
There are several different types of 50/50 parenting schedules in Dallas.
[RZ1] The most common 50/50 parenting schedule involves each parent alternating weekly possession. The two-week schedule is ideal for co-parents who do not want to move the child around every couple of days. If you live 100 miles apart, you may not want to force the child to drive several hours every few days. In this schedule, each parent gets the child for two consecutive weeks.
The 2-2-5-5 schedule in another popular schedule is best for co-parents who want a truly even amount of time with the child but do not want to go an entire week without seeing the child. It is ideal for co-parents who live very close to one another. This schedule involves on parent having Mondays and Tuesdays each week and the other parent having Wednesday and Thursdays each week and the weekends (Friday, Saturday and Sunday) alternate between the parents.
One of the most important Dallas divorce parenting tips is to work with an attorney when creating a plan for joint custody. An experienced attorney can point out different things to consider as the children mature that can eliminate the need to modify the visitation schedule. The attorney can also facilitate discussions while co-parents negotiate a non-standard schedule like the 50/50 arrangement. They will also give tips for helping children learn to live in two hones successfully.
There is also a standard possession order for parents that live more than 100 miles from the child’s primary residence. This schedule allows a parent:
- To select one weekend a month for visitation
- 42 days during the summer
- Every spring break
- Alternating holidays
Custom Schedules
If none of these schedules appeal to co-parents, they have the option to create their own. When crafting a custom possession schedule it is vital that a parent work with an experienced attorney that knows the benefits and drawbacks that come with different schedules.
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More on Child Custody Guidelines in Dallas
Now that you know the ins and outs of custody schedules for divorced Dallas parents, it is time to learn more about creating a fair plan for co-parenting.
Dealing with the ins and outs of custody orders and laws can be daunting, but a knowledgeable attorney can make the task easier. Schedule a consultation with Zegen Law Firm, PLLC to learn more about creating a quality parenting schedule that will work for you and your child.
[RZ1]I never see these schedules