The Standard Possession Order put in place by the legislature and used in many Woodlands Divorce cases is designed for children 3 years of age and older. If a child less than 3 years old is involved in a Woodlands Divorce, then the visitation schedule that is in the best interest of the child is a lot less clear. A new bill introduced in the legislature recently seeks to elaborate on how visitation schedules for children less than 3 should be created.
The Bill is SB 820. The way the bill is written as it was introduced it seeks to add the following to the Texas Family Code:
(a) In rendering the order, the court shall consider evidence of all relevant factors, including:
(1) the caregiving provided to the child before and during the current suit;
(2) the effect on the child that may result from separation from either party;
(3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child;
(4) the physical, medical, behavioral, and developmental needs of the child;
(5) the physical, medical, emotional, economic, and social conditions of the parties;
(6) the impact and influence of individuals, other than the parties, who will be present during periods of possession;
(7) the presence of siblings during periods of possession;
(8) the child’s need to develop healthy attachments to both parents;
(9) the child’s need for continuity of routine;
(10) the location and proximity of the residences of the parties;
(11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on: (A) the age of the child; or (B) minimal or inconsistent contact with the child by a party;
(12) the ability of the parties to share in the responsibilities, rights, and duties of parenting; and
(13) any other evidence of the best interest of the child.
(b) Notwithstanding the Texas Rules of Civil Procedure, in rendering an order under Subsection (a), the court shall make findings in support of the order if:
(1) a party files a written request with the court not later than the 10th day after the date of the hearing; or
(2) a party makes an oral request in court during the hearing on the order.
(c) The court shall make and enter the findings required by Subsection (b) not later than the 15th day after the date the party makes the request.
It is too soon to tell if this will be the new law of the land in Woodlands Divorce cases or if it will make it through the legislative process in a modified form. Call us at (832) 592-7913 if you need to speak with a Woodlands Divorce Lawyer about your divorce case in The Woodlands or anywhere in Montgomery County. For additional free information on divorce in The Woodlands, download my free guide The Woodlands Divorce Guide
It is not difficult to find people that have good things to say about their decision to get divorced without destruction through the Collaborative Divorce process. Not only can it save your relationship with your kids, the flexibility of collaborative divorce may allow you to resolve the disputed issues in a custom manner that is just not available when everyone punts the decision making process to a judge that knows next to nothing about you. On top of that, this stranger is going to make some very important decisions about your life based on hearing the absolute worst about you from your spouse in an ugly drawn out litigated divorce. Is that your ideal outcome? Take some time to read these experiences and give it some thought.
We both wanted out of the marriage, but we didn’t want our children to “pay” for our mistakes. … The “process” allowed my ex and I to remain focused on this goal, rather than being focused on “getting” the other person. … Once we started working together to craft a solution we both thought was fair, we had incentive to work together – giving and taking – to reach a truly fair outcome. Through the collaborative divorce process we learned many creative ways to divide and preserve assets that we never would have thought possible. For instance, keeping the only home that the boys had ever known was extremely important to me and my children, but less important to my ex. Neither of us would have guessed that I could “buy” him out of his share of the equity in the house by giving him other assets that appeared on the balance sheet – achieving both of our goals (mine to keep the house, his to get rid of it). …Through our realtor and mortgage expert we learned how we could refinance our current house to a lower interest rate, and still allow my ex to purchase another house. I sincerely believe that we would not have known about or explored ANY of these options (and many more) unless we had used the collaborative divorce process….I was burdened by both personal health issues and family health issues during our divorce. The collaborative process allowed us to craft our solution on our own timeline – around my chaotic and unpredictable schedule. This took a horrible burden off of my shoulders at a time that I *really* needed that flexibility and understanding from the divorce process. … Neither of us felt that anyone was out to “get” us. I never felt that my ex’s lawyer was looking for ways to exploit me: she focused on both of our stated goals, as did my lawyer. “Everyone” was looking for a win-win outcome for every topic we had to address. I can’t emphasize enough how much this meant to me during what was a terribly difficult transition in my life!
Remember, not every attorney is trained or appropriate to represent someone in a Collaborative Divorce. Contact The Shea Law Firm at (832) 592-7913 to speak with a Collaborative Divorce attorney in The Woodlands or locate a trained collaborative divorce attorney near you at http://www.collablawtexas.com/locate-a-collaborative-law-professional
Confused? Learn the differences between an uncontested divorce, a litigated divorce, and a collaborative divorce in my free Woodlands Divorce Guide
I have never had anyone endorse or say positive things about going through a litigated divorce, particularly if there are children involved. The destruction and turmoil can be very horrible on a personal level. At best, if you litigate your divorce you may end up with a little bit more property than the other side but you will have incurred some substantial personal turmoil to get it and you have to ask, is it worth it?
Collaborative Divorce is your alternative to the destruction that accompanies a traditional litigated divorce. When you choose a collaborative divorce you are taking the first and biggest step towards moving on with your life rather than spending 9-12 months (or more) in front of a judge rehashing the past and assigning blame. This is something that many people feel is worth talking about as you can see below:
Divorce is a painful event, but if there was a way to lessen the pain, collaborative divorce is the way to go. My wife and I had decided to end our 10-year marriage. We wanted to do it as amicably, fairly and easily as possible. Traditional divorce creates barriers between the parties and advocates antagonistic behavior. In the end of a traditional divorce, a judge decides based on the evidence presented. Collaborative divorce lessens the adversity and puts the power to finish the relationship back in your hands. The process is legal and logical. Lawyers help you work out any legal issues, but all of the separation of property is decided by you and your ex-spouse. It truly is a revolutionary way to approach what is arguably the worst event besides death. – Director of System Engineering at Large IT Firm
Call The Shea Law Firm at (832) 592-7913 if you need to get a divorce without the destruction that goes along with litigation.
Are you considering divorce and are not sure where to begin?
Has your spouse already filed for divorce and you are not sure how to protect yourself?
Are you wondering:
- How much child support is involved in your divorce?
- Is spousal maintenance going to be awarded in your divorce?
- How often will you see your kids after the divorce?
- What is separate property and what is community property?
- What happens to retirement accounts in a divorce?
To help answer some of the most common questions I am proud to announce the release of my Woodlands Divorce Guide available for free download. You can get your copy by clicking on the link below.
The Woodlands Divorce Guide
If you have a question that is not answered in this version of The Guide, post your question in the comments below or contact us and we will consider it for inclusion in future editions.
It happens a lot in the divorce process. Feelings of mistrust, betrayal, anxiety and more that start out small and manageable end up growing. They continue to grow as your case goes on and eventually grow out of control. This is how your Woodlands Divorce case can end up transforming from everyone sitting at a table working to resolve ongoing problems to everyone in the metaphorical boxing ring trying to knock each other’s lights out. It happens more often than you might think. The Downward Spiral.
Parents with children usually have the most to lose if they let their divorce slide down that out of control path. Property can be replaced, but restoring Read more…
Curious about what a Collaborative Divorce can mean to you and your kids? Don’t take my word for it, listen to two couples who went through the Collaborative Divorce process themselves and discover how they preserved their irreplaceable relationship with their children and moved forward with their lives rather than digging endlessly through the past. It is only 6 minutes long and I strongly recommend anyone considering divorce with children involved take a moment to consider the choice you are about to make concerning what kind of divorce you will go through.
Read more…
The Standard Possession Order is the default schedule for visitation with children after a Woodlands divorce. There is one large category that the Standard Possession Order does not apply to. That category is children less than 3 years old. If you leave visitation up to the judge when you have a child younger than 3 you will likely not receive the Standard Possession Order.
What Will the Judge Do?
The legal responsibility of the judge in setting visitation for a child younger than 3 is to render an “appropriate order” under the circumstances that is in the best interest of the child. The judge has a lot of discretion to determine exactly what he or she thinks is appropriate, but there are some specific criteria the judge may also consider: Read more…
Revenge and inconvenience are not legal reasons for modifying a child custody order from a Woodlands Divorce. Your Woodlands Divorce Attorney must prove the modification is in the best interests of the child as well as the existence of a material and substantial change since the previous order was issued. Exactly what a “material and substantial” change means is what judges interpret on a daily basis, but a recent case reminds us that revenge and inconvenience are not material and substantial. Speak with a Woodlands Divorce Attorney today at (832) 592-7913 if you need assistance with your child custody modification.
Background
On November 6, 2007, Mother filed a petition to modify the child custody arrangement. Mother’s petition to modify followed Father’s earlier petition for enforcement and access after Mother denied him access to their child. The judge ruled for Father on his petition for enforcement and access.
In her later petition, Mother alleged that K.T.W.’s circumstances had materially and substantially changed since the entry of the previous order. She requested that Father’s “terms and conditions for access to and possession of the child be modified… to reflect visitation in regard to the over 100 mile visitation,” and that, since Father resided in Houston, he should “be responsible for pickup and return for visitation of the child.” Mother further pleaded that Father’s “change of address had caused [her] to incur increased costs.” Father answered and denied that there had been any “change of circumstances which would be grounds for any modification of the present Orders regarding access and possession.”
Discussion
At the trial court level Mother won her case and the judge modified custody to restrict Father’s access to his child. The Father appealed the ruling.
On appeal, Read more…
At the end of your divorce case in Montgomery County you and your ex-spouse will have very specific parental rights and responsibilities spelled out in your divorce decree. Most parents end up being appointed as either a managing conservator or at least a possessory conservator of their child or children. What are your rights and duties as a conservator during the time when you are the parent in possession of the child or children? What are the rights and duties of your ex-spouse when he or she has possession of your child or children?
Unless limited by court order, each parent appointed as a conservator of a child has the following rights and duties during the time that the parent has possession of the child:
- The duty of Read more…
Where will your child live after the divorce?
During your marriage you both had a voice in determining where you and your child would live. One of the changes that accompanies every divorce in Montgomery County is that only one parent will have the exclusive right to determine the primary residence of your child after your divorce is final. This has the potential to be very disruptive to maintaining a relationship with your child and is something you should discuss with your Woodlands Divorce Lawyer.
What If You Are Joint Managing Conservators? Read more…
The Standard Possession Order put in place by the legislature and used in many Woodlands Divorce cases is designed for children 3 years of age and older. If a child less than 3 years old is involved in a Woodlands Divorce, then the visitation schedule that is in the best interest of the child is a lot less clear. A new bill introduced in the legislature recently seeks to elaborate on how visitation schedules for children less than 3 should be created.
