Will A Mother Have An Advantage Over A Father In Custody Proceedings?
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It seems reasonable that a mother should get custody because she’s generally the primary caregiver of the children. However, both parents have an equal right to custody of their children. If mom isn’t a good parent then the father will get custody. There has been an increase in fathers getting primary conservatorship in the past twenty years because it has become increasingly popular for men to take on the role of the primary caregiver of the children.

The parent that usually gets primary conservatorship is the parent that has the most involvement with the children. The parent that gets the children up each morning, feeds them, gets them dressed, takes them to school, sets and attends their doctor appointments, meets with teachers, helps them with homework, picks up the children from school or day care and takes them to extra-curricular activities. If the father has performed all of these functions, then the father has a good chance of getting primary custody.

If the mother has primary conservatorship the father would pay child support, the monthly medical insurance premium for the children and pay fifty percent of the uninsured medical costs. The possessory conservator gets a standard possession order or an extended standard possession order.

Standard Possession Order And Extended Standard Possession Order

The standard possession order is set forth in the Texas Family Code. It is generally described as the first, third, and fifth weekends of each the month during the school year. Weekend starts by looking at the calendar and finding the first Friday of the month. That is the first weekend. You get the first, third and fifth weekends of the month and each week during the school year and you get a Thursday from 6-8 to take the children to dinner. The pickup time on Friday is 6 p.m. and you return the children on Sunday at 6 p.m. The major holidays are divided up. You get the first part of the school holiday, the other party gets the other part of the school holidays. Then that rotates each year. You also get thirty days in the summer. If you do not designate by a certain date, you get the month of July and the other party can pick the weekend in the middle of that time period. By a certain date you can designate two, two week periods of possession during the summer in place of the month of July.

Pick up and drop off is at the primary conservator’s residence. All of the above terms can be modified with the assistance of an experienced family law attorney. You are able to designate a competent adult to pick up and drop off of the children. This adult needs to be known to the children.

There is an over 100 mile provision for visitation if the person getting visitation lives over 100 miles from the primary conservator. This provision allows the person getting the visitation to choose if they want to do the first, third and fifth weekend or choose to visit once a month visitation for up to three days. During the school year there is usually a teacher work day or holiday attached to a weekend in each month so you can choose which weekend you want and designate it. This provision also allow 42 days during the summer.

There are travel provisions for airport transportation of the children and provision for obtaining passports and for who holds the passports. The primary conservator holds the passports and the other party gives notice of when they need the passports for travel.

We provide a free email service to our clients to use to be able to make these designations, provide all court required notices to the other party, send uninsured medical payments for reimbursement and stop harassing calls and emails. Without this service you have to communicate by certified mail. This email service allows the emails to be shown to the Judge easily if the need arises. It makes communication easier and it helps stop harassment from the other party. You can still talk or text the other party but if you want to just the email service, you can. It removes a lot of frustration in communicating with the other party and it saves you time and money. The usual way to confirm you have good written notice is having to send certified mail to the other party.

It makes it easier to give notice your visitation choices, for getting medical bills to the other party that they need to pay, it helps with having to provide all court required notices. You have to give notice to the other party when you change jobs or when you move. The service makes it easier to accomplish these requirements and it allows you to prove it in court if necessary to avoid sanctions by the court.

The extended standard possession order is also an option if your work schedule allows it. It allows a party to get more time with the children. This type of possession order is the same as the standard possession order but it gives you more time with the children. Instead of getting the children from Friday at 6 p.m. to Sunday at 6 p.m. you pick up the children after school on Friday and return the children to school on Monday. And each week during the school year, you pick up the children on Thursday after school and return them then next morning to school.

There is no set visitation for children under the age of three. The standard possession order starts at age three. There are also different visitations schedules that can be obtained. An experienced family law attorney can help you with a number of options available for visitation.

What Is Conservatorship And Possession In A Divorce Case In Texas?

There are two types of custody in Texas: joint managing conservatorship and sole managing conservatorship. In joint managing conservatorships, you have a residency restriction for the person who is the primary conservator, you have full rights as a parent and the other party has visitation rights. Under sole managing conservatorship, you do not have full rights as a parent, there is no residency restriction for the primary conservator and the visitation of the possessory conservator is restricted or supervised. One of the options to win custody battles is drug testing. Drug testing can be done to determine if a party is using illegal drugs, abusing alcohol or using non-prescribed prescription medications. It can also be done to determine if a party was prescribed medications and is not using those medications. We use the best testing service available which includes the use of an expert at no cost if the expert is needed in court. Knowing all the details of how and when to use drug testing is something that I have focused on in my practice. It is the most effective strategy that wins custody and visitation cases.

There are different types of possession orders that allow for different types of possession terms. Custody and possession orders can be custom made for your situation. I know how to make your custom made order enforceable by the courts. Just coming to an agreement in an Agreed Final Decree of Divorce is not enough. The Judge has to approve your agreement. The courts do approve orders for a number of reasons. I know how to get your agreement to not require the Judge’s approval.

For more information on Mother Vs. Father In a Custody Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 244-8485 today.

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Why Choose Frank E.
Mann?

  • 30+ Years Experience
  • Member: State Bar of Texas
  • Member: The College of State Bar of TX
  • Houston Bar Association - Family Law Section

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