Your Need for Flexibility vs. The Court's Need for Certainty

Your Need for Flexibility vs. The Court's Need for Certainty

Dear Parents in Texas!

Many parents will start searching the internet and thinking outside of the box for shared parenting schedules. First off - good for you! Parents who can problem solve and look for solutions is fantastic. You are my kind of peeps.

Your test becomes when your desire for creativity falls outside of the bounds required by the court for certainty! Parents aren't simply able to say we will follow a 50/50 schedule in Texas, the court's going to want language with how you will address school and summer access as well as holiday periods of possession. Parents can get intimidated by ensuring that they follow the rules set by the court. Don't let a little intimidation get you down!

Here's a few suggestions:

  1. Absent an agreement: The court loves that you and your child's other parent can reach agreements. The orders for access will say, absent an agreement, the parties are to follow the following schedule. Remain flexible!
  2. The Court will adopt a schedule you provide - there are many options to pick from. Your order can look like a SPO or ESPO, it can have hybrid, allowing you to pick and choose what section benefits you. There is a fantastic article on 50/50 shared parenting plans that have the language that courts will gladly accept. Creative-Possession-Schedules-Kim-Naylor.pdf
  3. Talk to a child psychologist about the plan you want to implement. Don't guess and don't do what is convenient to avoid a short term argument (please!)
  4. Most importantly! Test the plan and modify as needed.
  5. Don't forget - your voice matters, your goals matter. The professionals that you are meeting with need to do their best to help you create the plan you believe meets the best interest of your child.

Good luck out there!

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