If you’re facing a divorce that involves shared children, you need a child custody modification, or you have a child custody concern outside of a divorce case, the matter of hammering out a schedule that works for everyone and supports your parental rights can be extremely complicated.
If you and your divorcing spouse can’t resolve the matter between yourselves, you can expect the court to hand down one of its standard visitation schedules for joint custody, which may not be as accommodating as you’d like. Fortunately, an experienced Round Rock joint custody attorney can help you devise a schedule that works for your unique family.
Child Custody in Texas
Child custody in Texas is addressed in terms of conservatorship, possession, and access. Conservatorship refers to legal custody, and possession and access refer to physical custody.
Legal Custody
Legal custody determines decision-making authority between the parents, and the decisions addressed include the following primary matters:
The children’s education
The children’s medical care
The children’s extracurriculars and travel
The children’s primary residence
The children’s religious upbringing
The options for joint legal custody include the following arrangements:
You and your ex will continue making these decisions together.
You and your ex continue making these decisions together, but one of you is awarded the authority to break a tie when necessary.
You divide the decision-making between the two of you according to category.
One parent can also take on sole legal custody, which means that he or she will make these important decisions alone.
Physical Custody
Physical custody addresses your and your ex’s parenting time schedules. When it comes to custody decisions, Texas courts are always motivated by the best interests of the children. They believe that – barring a significant reason for ruling otherwise – affording both parents a significant number of overnights with the children serves the children’s best interests.
The State of Texas is invested in supporting a deep bond between children and each of their parents, and for this reason, joint custody is the norm. Sole custody is generally reserved for instances when the other parent is deemed unfit, and even in these situations, some form of visitation may be arranged. Supervised visitation is a common example.
While one parent may take on the primary custodial role, the other will likely receive a generous visitation schedule. In addition, more and more parents are adopting 50/50 schedules – or schedules that come closer to 50/50 than they did in the past.
When it comes to creating a parenting time schedule that takes all the necessary variables into account, it’s not unusual for parents to become overwhelmed. However, there are several tips that parents can follow to help them crack the scheduling code.
Tips for Creating a Custody Plan
If you and your divorcing spouse are committed to working out a schedule between yourselves that you’re both willing to sign off on, having scheduling options in hand can help the judge better understand the details involved in your case and may bolster your position.
Follow these tips to help you create a schedule for parenting time with your ex, keeping in mind that your trusted Round Rock custody attorney is a great resource to help you in this effort.
Using a Scheduling Tool
In the end, divorcing parents should gather specific scheduling information in a central location, allowing them to tinker with all the separate pieces until they find a good fit. Devising a solid schedule that will serve your family well as you move forward is complicated, and having a powerful scheduling tool on your side can help immensely.
Sharing Options with Your Ex
Discussing abstract parenting time schedules is one thing, but presenting your divorcing spouse with scheduling options in calendar form is quite another. Having a physical representation of your scheduling requests can strengthen your negotiations with your soon-to-be ex. Even if you can’t resolve your scheduling differences between yourselves, this approach may bring you closer to an agreement.
Tracking Your Parenting Time
Another important aspect of scheduling parenting time is tracking the amount of time you spend with the children before your case is finalized. Jotting down information in a calendar creates a record of your parenting time, which can influence the court’s custody orders. You should also note any scheduling discrepancies, such as late exchanges and canceled visits.
Let’s say that you and your divorcing spouse have a 50/50 custody schedule with alternating weekends in place. If you actually have the children more than 60 percent of the total overnights and weekends, this information could prove invaluable to how your case is resolved.
Sharing Your Agreed-upon Schedule with the Court
If you and your ex land on a mutually acceptable parenting time schedule, the only way to incorporate it in your court orders is by sharing it with the court. When the information you share is in calendar form, it clarifies the terms you’ve agreed to and helps ensure that your child custody terms will accurately reflect them.
Following Court Orders
Once the court establishes your parenting time schedule, the next step is ensuring that you follow it. While it’s not unusual for scheduling snafus to happen occasionally, you’ll need to demonstrate that you’ve carefully upheld the legally binding parenting time schedule in the event that a legal issue arises in the future.
The Ins and Outs of Scheduling
Negotiating shared custody schedules is rarely easy, but it is essential to create a schedule that addresses your family’s overarching needs. When creating a schedule, you can explore all of the following details:
Each parent’s residential responsibility, which may include one of you being the primary custodial parent or may incorporate a 50/50 arrangement
Decision-making authority – whether joint or sole
How exchanges are arranged
Transportation for exchanges
When exchanges involve long-distance travel or flight
Travel outside the area with the children
The matter of supervised visitation, as applicable
When scheduling changes need to be made
The children’s schooling or daycare arrangements
Counseling for the children, as applicable
Each parent’s access to information about the child’s education and health care
The children’s participation in extracurricular activities and travel
The matter of third-party contact, such as when either parent has a new romantic partner
Child-rearing choices
Maintaining communication between the parents
Maintaining communication between each parent and the children when the other parent has parenting time
Child-rearing expenses
The matter of taxes
The matter of child support
Potential parenting time modifications that may need to be addressed in the future
Issues related to being a military parent
You should also keep the following considerations in mind as you further your efforts to build the right parenting time schedule for you:
The degree to which you and your divorcing spouse shared childcare responsibilities prior to your divorce
Each child’s unique needs – including any special needs – and each parent’s ability to adequately address them
Each of your children’s ages and the degree to which their ages affect your parenting plan
The degree of involvement each parent has had to date in your children’s extracurricular activities
The degree to which each parent is committed to co-parenting effectively with one another
Proceed with Professional Legal Representation in Your Corner
Creating a custody plan without the savvy legal guidance of a practiced Round Rock joint custody lawyer is not advised. Organizing your many scheduling details is important, but it does little to protect your legal rights in the scheme of things.
Your trusted attorney will ably handle all the following primary tasks related to child custody on your behalf:
Identifying your parental rights in relation to your children’s best interests
Helping you understand your parental rights and your scheduling options
Helping you identify your scheduling priorities, which can help guide negotiations effectively and efficiently forward
Skillfully negotiating for child custody terms with the other side – in focused pursuit of a favorable parenting time schedule
Ensuring that all relevant scheduling concerns are addressed in your scheduling proposals
Carefully refuting any erroneous scheduling obstacles or concerns forwarded by your divorcing spouse
Being well prepared to take your case to court if the matter can’t be fairly settled between the two of you
It’s always in your best interest to have an accomplished custody attorney in your corner.
Don’t Wait to Consult with an Experienced Round Rock Custody Attorney
If you are facing a legal concern related to your parenting time schedule, it’s a primary concern that deserves focused legal attention. Brett Pritchard is a knowledgeable Round Rock joint custody attorney at The Law Office of Brett H. Pritchard, and he has a solid reputation for fiercely and effectively advocating on behalf of his valued clients’ parental rights.
Our esteemed legal team is here for you, too, so please don’t delay reaching out to contact us online or call us at (254) 781-4222 to schedule your FREE consultation and learn more about what we can do to help you today.