FAQ regarding Divorce # 13: Can we vary from the Standard Possession Schedule?

Yes. The Standard Possession Schedule only applies when the conservators/parents cannot agree about visitation. Therefore, for conservators that discuss their child’s schedule and plan out what is best for them, the visitation schedule is whatever you agree it should be – on a day by day and (perhaps) minute by minute basis. Thus, the Visitation Schedule, in whatever form, is usually what happens when there is no “mutual agreement.”

FAQ regarding Divorce # 12: How does the "Standard Possession Schedule" work?

Over the years, the Texas Legislature has looked at and repeatedly refined what we now refer to as the "Standard Possession Schedule." The reason we have a very detailed schedule is simple -- many parents cannot agree as to the best schedule for their children. Therefore, the Texas Legislature has stepped in to set out its own schedule.

The so-called “Standard" Schedule usually gives the conservator/parent that does not have the right to designate the primary residence of the child (in a Joint Conservatorship) or the Possessory Conservator in all other situations, the right of possession and access to the child on the first, third and fifth weekends (when there is one) of every month. The Standard Schedule attempts to make an even distribution (or as close to even that it can) of each and every minute of the child’s life between the respective parents; this includes all major holidays, the child’s birthday, Father’s Day, Mother’s Day, spring break, extended summer visits, and many, many other situations. The Standard Schedule also sets out who will pick up and who will drop off the child, and where and how this exchange of possession will occur. Although this is a daunting task, under most situations, the Standard Schedule does an excellent job of allocating the child’s time with each parent in a fair and equitable manner.

The danger in departing from the Standard Schedule (under most situations) is that lawyers cannot always contemplate all of the situations that can arise in the future, which may lead to future confusion or disagreements between the conservators. This is not to say that the Standard Schedule is what is best for your child; we recognize that there are situations where the Standard Schedule is partially or completely inappropriate. However, you should understand that the “split” schedules that many conservators attempt can be difficult on a child who must repeatedly pack up and go to another house, and can lead to the child essentially living out of a suitcase. Such situations are usually difficult – even for adults – and can be particularly disruptive for a child.

FAQ regarding Divorce # 11: How does Custody work in Texas?

In Texas, there are many forms of “custody” and “custodians.” We refer to these persons or entities (in the case of foster care, etc.) as “conservators.” In most situations, the parents will be named so-called “Joint Managing Conservators” (JMC); this is presumed to be best for most of Texas’ children. JMC is most similar to situations where the parents are still married and make decisions “jointly” for the best interests of their child.

Unfortunately, many times parents cannot get along and sometimes do not make decisions that are in the best interests of the children. Sometimes they make decisions based upon what is best for them, or don’t make decisions at all. In certain circumstances, if there is evidence to support a different approach or an agreement between the parents, other forms of conservatorship may come into play. A “Sole Managing Conservator” (sometimes referred to as only a “managing conservator”) generally has all of the powers of conservatorship (i.e. – the authority to consent to medical treatment involving invasive procedures, the power to designate the primary residence of the child, the power to make educational decisions) without any input from the other parent. In contrast, a “Possessory Conservator” generally has visitation rights and will usually have limited authority to make certain parental decisions while the child is in the custody of that conservator.

The rules governing conservatorship are complicated and an attorney should be consulted for specific questions as to what form of conservatorship is best suited to your particular situation.