Travis County's Standing Order regarding Children, Property and Conduct of the Parties

The Travis County District Courts have issued a "Standing Order" that applies automatically in all cases involving Divorce, Child Custody or Child Support, without the need for hearing, as soon as the case is filed. (See our "Links" section.) Among other items, the Standing Order prevents the parties from doing any of the following without seeking leave of Court:

• removing any children involved in the case from the State of Texas (directly or in concert with other persons);


• hiding the child from the other parent;


• changing the child's residence;


• withdrawing the child from school or day-care;


• threatening or harassing the other party;


• harassing the other party;


• incurring indebtedness;


• destroying, removing, concealing, selling, transferring, mortgaging, encumbering, or otherwise taking any action which would harm or reduce the value of either party's separate property or the parties' community property;


• making withdrawals from any checking or savings accounts for ANY purpose other than payment of reasonable living expenses for food, clothing, shelter, transportation, medical care and reasonable attorneys' fees;


• concealing or destroying personal and business records; and


• canceling or altering insurance policies.

Similar standing orders have been entered by several district courts throughout the State of Texas. As a result, it is always a good idea to check with your lawyer, or to consult the court's local rules, to see what orders may be in place before taking any action related to your children, assets, ar debts while your divorce, custody or support case is pending.

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.

FAQ regarding Divorce # 10: What exactly is a Divorce Decree?

We usually ask you to consider the Divorce Decree in terms of being a “Rule Book” for all of the various things that could or might happen after the Divorce is granted. The actual granting of the Divorce is nothing more than the Judge declaring that the marriage is dissolved for either “grounds” or on the “no fault” ground of insupportablility. Insupportability just means that there are so-called “irreconcilable differences” -- referred to in Texas as a “discord or conflict of personalities that destroys the legitimate ends of the marriage relationship,” provided further that “there is no reasonable expectation of reconciliation.”

The rest of the Decree (as well as other pleadings referred to as Temporary Orders or Final Orders) provides guidelines and rules for dealing with any children (such as custody or “conservatorship,” the powers of conservatorship, visitation, child support, medical support, and health insurance coverage), property (such as assets and debts), and various other issues such as any change of name, taxes, and similar matters.