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Custody vs Possession Schedule

Parents arguing over custody with child listening
  • Who has been the primary parent for the past few years?
  • Has mom stayed home all these years while dad went to work?
  • Have both parents been equally involved in the child’s life?
  • Does one parent travel during the week?

Sometimes there are allegations that one parent is not fit. Then it comes down to who is the better parent. Custody battles can be quite expensive and may take months or even years sometimes to complete.

When attorneys refer to “custody,” they are referring to the rights and duties of each parent, in relation to the children, such as the right to make medical decisions and educational decisions. In most cases, the parties are awarded joint custody of the child. Courts generally believe that both parents should have equal rights and duties for the most part. Sole custody is not nearly as common, as the burden on the parent wanting sole custody is high. If one parent is a drug addict, or a convicted sex offender, or is living with a sex offender, then of course sole custody could be appropriate in those situations.

Custody and possession are not the same thing. A possession schedule sets out which parent will have possession of the child(ren) on which days of the week or month and what the holiday schedule will look like. According to the standard possession schedule in the Texas Family Code, one parent is the primary parent, and the other parent would have first, third, and fifth weekends, and an overnight visit during the week.

However, many people have custom possession schedules, either through agreement or because one or both parent’s schedules will not accommodate the standard schedule. There could be a 50/50 split. In some cases the parents’ have week on /week off possession but there are many variations of the 50/50 schedule, which is getting more and more common these days as more and more households have both parents working outside the home.

Let an experienced, Southlake Divorce Lawyer help you through your divorce or family law matter.

The Justice Law Firm in Southlake, Texas is dedicated to helping individuals in Southlake and the surrounding areas with Divorce and Family Law issues. At the Justice Law Firm, you will find experienced and professional attorneys.