The holiday season is a time for joy, celebration, and creating lasting memories with loved ones. However, for families navigating the complexities of divorce or separation, the holidays can pose unique challenges, especially when it comes to determining possession schedules. Under the Texas Family Code, specific guidelines govern holiday possession schedules to ensure a fair
Possession Schedule/Parenting Times
Writ of Habeas Corpus
There are times when a parent actively choose to disregard a court order. This is particularly problematic when the order being disregarded is one dealing with the right to possession and access of children. The usual scenario is that Parent B will pick up a child for their scheduled time of possession and simply won’t…
Earning the Standard: Step-Up Possession Schedules
There are times in a case when one parent doesn’t necessarily have it together. This can take many forms; whether they are struggling with addiction, involved with an abusive partner, or currently transient. In one way or another their current circumstances leave them unfit to have the children overnight or for more than a couple…
The Standard Possession Order
If you have gone through a divorce where kids are involved, and neither you nor your former spouse was a bad actor, it’s likely one of you received a standard possession order in the decree.
A standard possession order is what is used by the courts as default when parents cannot agree on a possession…
Juneteenth – A Federally Recognized Holiday on Monday and Father’s Day Possession
On June 17, 2021, President Joe Biden signed a bill designating Juneteenth as a federal holiday. Since Juneteenth was on a Saturday in 2021, the holiday did not impact the Father’s Day weekend possession schedule last year. Juneteenth does impact possession this year though.
This weekend is a third weekend which is normally the…
What’s new in Texas family law this fall?
Our October monthly free lawyer’s continuing education presentation focused on new cases and legislation affecting Texas family law.
Here’s a link to watch the video on Facebook: https://fb.watch/8SJMhZFiJF/
Here’s the presentation with all the details: What’s New in Texas Family Law This Fall?
Here’s a link to Elisa Reiter’s excellent articles about the new legislation…
Texas Supreme Court authorizes trial court’s unbridled discretion and says family law orders don’t have to be specific or enforceable
In an opinion today that will no doubt cause a Pandora’s Box to open in the family courts, the Texas Supreme Court held that “as agreed” possession orders are authorized, valid, and constitutional. Based on the broad and undefined standards of “good cause” and “best interest”, a possession order that gives one party unlimited and…
DEADLINE TODAY: Designation of 2021 Summer Possession
Today is April 1st which it means today is the deadline for the non-primary parent/possessory conservator to timely designate your period(s) of extended summer possession. Summer 2021 is the time for everyone to make up the vacations you missed last summer! You want to send your formal designations today so you and your kids can…
Presumed Possession Schedule for Infant or Toddler
In Texas, if your child is under the age of three, there is no presumed possession schedule that is in the child’s best interest. The standard possession order set forth in the Texas Family Code that is often discussed is the presumed possession schedule once a child is three-years-old or older. What does that mean…
Drug testing during COVID-19 and stay-at-home orders
In the context of a custody case, drug tests are court-ordered to protect the safety and well-being of the child or children the subject of the suit. The need or requirement for drug testing doesn’t change just because there is a pandemic. Yes, you or someone you know can currently submit to a drug test…