Think Outside the Box When Creating a Visitation Agreement

August 06, 2011 (Press-News.org) For a divorcing parent, especially the non-custodial parent, there may be nothing more important than ensuring that the relationships with his or her children are maintained. By devising a visitation schedule that best reflects the needs of all involved, those relationships can be maintained and grown.

Standard Visitation Schedule

A standard visitation schedule -- also called a possession schedule -- is offered in the Texas Family Code. For parents who live within 100 miles of each other, the standard schedule for a child age three or older provides for visitation on every first, third and fifth weekend of a month; all Thursday nights during the school year; every other holiday; school breaks to be divided based on even and odd years; and 30 days of visitation to be used during the summer. It also accounts for Mother's Day, Father's Day and birthdays.

A standard schedule, however, is just that -- standard -- and may not be an appropriate schedule for your situation.

Non-Standard Schedules

Beyond the standard possession schedule, there are several non-standard schedules that may work for your family:

Expanded standard visitation: The non-custodial parent may elect to have expanded visitation, which usually begins on Thursday when school lets out and ends Monday morning when school begins. The expanded schedule may provide increased engagement for non-custodial parents who would otherwise, based on work or other schedules, have limited interaction with their children at other times during the week(s) that they do not have possession.

Week-on/week-off: For parents who live near each other and are able to work together to coordinate the children's events (doctor visits, sports, etc.), a week-on/week-off schedule may be best. This schedule calls for the parents to exchange the children on an established day of the week; the children then spend the entire week with one parent, switching to the other parent the next week. This type of visitation schedule typically works well for parents who want to spend extended periods of uninterrupted time with their children. For families whose schedules allow it, this possession schedule allows for equal parenting time.

2, 2 and 3: Like week-on/week-off possession schedules, the 2, 2 and 3 schedule provides parents with equal parenting time. Under this schedule, for example, the first parent has the children for 2 days (Monday and Tuesday), then the second parent has the children for 2 days (Wednesday and Thursday), and then the first parent has the children for the weekend (Friday-Sunday). On the following Monday, the schedule flips and the second parent has the children for the first two days and the weekend.

The standard and non-standard schedules are a starting point for negotiation and can be modified to fit you, your ex-spouse's and your children's unique situation.

Taking Into Account All Circumstances

A visitation/possession schedule that fits your needs/life and is in the best interests of your children should be the goal. There are several factors that may influence the design of a possession schedule. For example, if a child has a chronic illness or disability, the parents need to work out a possession schedule that accounts for any care or rehabilitation the child needs. A doctor, psychologist or other professional may need to be consulted while creating a schedule when there are health concerns that must be accounted for. There may be a number of other circumstances that need to be taken into account, such as school, athletics and after-school jobs.

Parents also may have special considerations that need to be recognized in the possession schedule. A parent may work third shift, be a member of the military, have health concerns or myriad other circumstances that should be taken into account when drafting the schedule.

By taking the time to consider the needs of your children, your schedule and your ex-spouse's schedule as well as any special circumstances, a possession schedule that works best for your family can be carefully created. But, it may take outside-of-the-box thinking to develop a plan that works for all involved. Consult an experienced family law attorney to help you draft a visitation schedule that works best for you.

Article provided by Mark Lane Law Offices
Visit us at www.marklanefamilylaw.com