In the family law world we throw out this phrase all the time, “Standard Possession Order”. This phrase is set into our minds because the Texas Family Code presumes this to be the best interest of the child. However, Standard is not always best for every situation. Take for example the following:
- Mom works a typical 8-5 Monday through Friday job but Dad works a varied schedule working every other weekend. If the presumed Standard Possession Order were to apply in this case and Mom were to be the primary parent Dad would have the child on the 1st, 3rd and 5th weekends. What if those are the weekends he works? In this case Standard is not best for Dad to build a relationship with child. Instead a possession schedule in which they alternate weekends based on Dad’s schedule would be better for the child.
- Mom works 4 weeks out of town, every day, and then has 2 weeks off in town. Dad works a normal 8-5 Monday through Friday job. If Dad were the primary parent and mom were the parent who is entitled to the children 1st, 3rd, and 5th weekends then she may only see the children 1 weekend every 6 weeks depending on the schedule. This also does not build parent relationships.
There are many other situations where Standard just does not apply. If you are in one of those situations you need to make sure you and your attorney have a plan for how to present your unique situation in court so that Standard is not just automatically applied.
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