visitation in texas is um
in the family code the standard
visitation schedule is in the family
code and
what the standard visitation schedule
dictates is the because non-custodial
party the the parent that doesn’t have
primary custody as we say and
what primary custody basically means is
who who’s designating the primary
residence of the child the other parent
has a standard possession schedule
unless
there’s a reason to deviate from the
standard possession schedule a good
reason to deviate from the standard
possession schedule and so what the
standard possession schedule says is
that a non-custodial parent has
possession of their child on every first
third and fifth weekend
typically from six o’clock on friday to
six o’clock on sunday and then there’s
varying holiday provisions
now
i
one of the benefits of negotiation is
that you can negotiate other possession
schedules and there are some other
typical possession schedules that we
negotiate and a lot of times because um
parents are wanting equal access to
their children equal possession time
with their children we call a lot of
these possession schedule 50 50
possession schedules where they have
equal time with the children and we have
um come up with some creative
regular possession schedules like a week
on week off is a possession schedule
that a lot of parents like um because of
the lack of exchange um interactions
another possession schedule that a lot
of parents like is what we call a five
two two five possession schedule which
is where one parent has possession of
their children on monday and tuesday the
other parent has possession of their
children on wednesday and thursday and
then they flip-flop weekend possession
and so
there are some some creative ideas that
we can come up with especially when
we’re in negotiations when you’re in
court the court has to order the
standard possession schedule unless
there’s a good reason to go outside the
standard possession schedule and when
clients are preparing to file custody
cases
what i would recommend if they’re
wanting something other than the
standard possession schedule is during a
period of separation while they’re
separated they either agree on a
possession schedule that’s outside the
standard possession schedule or they
start practicing a possession schedule
that’s not the standard possession
schedule because often times the court
will
consider what’s happened prior to
separation as good evidence for what
should happen after separation unless
there’s a reason again unless there’s a
reason to deviate otherwise so
um what if uh if a client comes to me
and says hey i’m thinking about filing a
custody case i want to move out of my
house what do i do with my kids you know
how what kind of what should i do with
my kids i would say hey set up a week on
week off if that’s what you’re wanting
um in a final order set you know go
ahead and start practicing that
possession schedule and i may give them
some other ideas on possession schedules
that they can practice prior to filing
their custody case