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Alternative Custody Schedules

Alternative Custody Schedules in Texas

Custody schedules in Texas, like in many states, are crafted with the child’s best interest at the forefront. Understanding the norms, exceptions, and various types of custody arrangements is crucial for parents navigating these often complex decisions. This blog post delves into alternative custody schedules and provides insights into selecting the best parenting plan for your family.

Standard and Expanded Possession Orders in Texas

Standard Possession Order (SPO)

The Texas Family Code outlines a Standard Possession Order (SPO) as the default schedule presumed to be in the best interest of the child when parents live within 100 miles of each other. This schedule provides a structured approach to dividing parenting time:

During the school year, the non-custodial parent has possession on the first, third, and fifth weekends of each month. Additionally, they have Thursday evenings from 6:00 PM to 8:00 PM and alternating holidays such as Christmas and Thanksgiving.

During the summer, the non-custodial parent has possession for 30 days, which can be divided or taken consecutively.

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Expanded Standard Possession Order (ESPO)

An Expanded Standard Possession Order (ESPO) offers additional time to the non-custodial parent, allowing for a more balanced sharing of parenting responsibilities:

During the school year, the same weekends as the SPO are included but from Thursday after school until Monday morning. Every Thursday overnight is also included.

During the summer, 42 days of possession for the non-custodial parent, which can be taken in two or more periods.

Why Courts Prefer SPO and ESPO

Texas courts often prefer the SPO and ESPO because they provide a clear, predictable schedule that supports the child’s need for stability and continuity. These orders are designed to ensure that the child maintains a strong relationship with both parents, even when parents cannot agree on a customized plan.

Alternative Custody Schedules

In certain situations, a standard or expanded possession order may not fit the family’s unique needs. Here are some nonstandard custody schedules that courts may approve, along with their pros and cons and suitable situations:

50/50 Custody Plans

50-50 possession schedules

Two-Two-Three Schedule

In the two-two-three schedule, during the first week, the child spends Monday and Tuesday with Parent A, Wednesday and Thursday with Parent B, and Friday to Sunday with Parent A. In the second week, the child spends Monday and Tuesday with Parent B, Wednesday and Thursday with Parent A, and Friday to Sunday with Parent B.

This schedule offers frequent contact with both parents and a predictable routine. However, it requires frequent exchanges, which may be disruptive and necessitates a high level of cooperation between parents.

The two-two-three schedule is best suited for younger children who benefit from regular contact with both parents. It is also ideal for parents who live close to each other and can manage frequent exchanges.

Day Week 1 Week 2
Monday Parent A Parent B
Tuesday Parent A Parent B
Wednesday Parent B Parent A
Thursday Parent B Parent A
Friday Parent A Parent B
Saturday Parent A Parent B
Sunday Parent A Parent B

Alternating Weeks Schedule

In the alternating weeks schedule, the child spends one week with Parent A and the next week with Parent B. This schedule minimizes exchanges, providing stability, and allows each parent to have an entire week to plan activities. However, it may be difficult for younger children to handle longer periods away from each parent, and it requires good communication to keep up with school and extracurricular activities.

The alternating weeks schedule is best suited for older children who can handle longer periods away from each parent. It is also appropriate for parents with demanding work schedules that benefit from longer, uninterrupted parenting periods.

Day Week 1 Week 2
Monday Parent A Parent B
Tuesday Parent A Parent B
Wednesday Parent A Parent B
Thursday Parent A Parent B
Friday Parent A Parent B
Saturday Parent A Parent B
Sunday Parent A Parent B

Three-Four-Four-Three Schedule

In the three-four-four-three schedule, during the first week, the child spends Monday to Wednesday with Parent A and Thursday to Sunday with Parent B. In the second week, the child spends Monday to Thursday with Parent A and Friday to Sunday with Parent B.

This schedule offers balanced time with each parent and a predictable routine with regular exchanges. However, it requires frequent coordination and may be challenging for parents with conflicting schedules.

The three-four-four-three schedule is best suited for families with flexible schedules. It is also beneficial for children who need consistent routines.

Day Week 1 Week 2
Monday Parent A Parent B
Tuesday Parent A Parent B
Wednesday Parent A Parent B
Thursday Parent B Parent A
Friday Parent B Parent A
Saturday Parent B Parent A
Sunday Parent B Parent A

Two-Two-Five-Five Schedule

In the two-two-five-five schedule, during the first week, the child spends Monday and Tuesday with Parent A, Wednesday and Thursday with Parent B, and Friday to Sunday with Parent A. In the second week, the child spends Monday and Tuesday with Parent B, Wednesday and Thursday with Parent A, and Friday to Sunday with Parent B.

This schedule offers equal time with each parent over a two-week period and a consistent routine with regular exchanges. However, frequent exchanges may be disruptive and require detailed coordination.

The two-two-five-five schedule is best suited for parents who live close to each other. It is also beneficial for children who need balanced time with both parents.

Day Week 1 Week 2
Monday Parent A Parent B
Tuesday Parent A Parent B
Wednesday Parent B Parent A
Thursday Parent B Parent A
Friday Parent A Parent B
Saturday Parent A Parent B
Sunday Parent A Parent B

Five-Two Schedule

In the five-two schedule, during the first week, the child spends Monday to Friday with Parent A and Saturday and Sunday with Parent B. In the second week, the child spends Monday to Friday with Parent B and Saturday and Sunday with Parent A.

This schedule allows each parent to have a full week to manage activities and minimizes exchanges during the week. However, it may involve long stretches away from one parent and may not be suitable for younger children.

The five-two schedule is best suited for older children with established routines. It is also appropriate for parents with flexible weekend availability.

Day Week 1 Week 2
Monday Parent A Parent B
Tuesday Parent A Parent B
Wednesday Parent A Parent B
Thursday Parent A Parent B
Friday Parent A Parent B
Saturday Parent B Parent A
Sunday Parent B Parent A

Non-50/50 Custody Plans

non 50-50 possession schedules

Every Weekend Schedule

In the every weekend schedule, the child spends weekdays with Parent A and weekends with Parent B. This schedule provides stability during the school week and allows one parent to manage weekday routines and activities. However, it limits time with one parent during the school week, and the non-custodial parent may miss out on weekday activities.

The every weekend schedule is best suited for parents with demanding weekday schedules. It is also ideal for children who thrive with a consistent weekday routine.

Day Week 1
Monday Parent A
Tuesday Parent A
Wednesday Parent A
Thursday Parent A
Friday (until evening) Parent A
Friday (evening) – Sunday Parent B

Determining the Best Parenting Plan

Factors to Consider

Several factors should be considered when determining the best parenting plan for your situation. The child’s age and needs are crucial, as younger children may need more frequent contact with both parents, while older children may benefit from longer, more stable periods with each parent. Parents’ schedules, geographical proximity, and the ability to communicate effectively are also important considerations. Additionally, the child’s preferences and any special needs should be taken into account.

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Legal Considerations

Texas courts always prioritize the child’s best interest in determining custody arrangements. Courts prefer parents to agree on a schedule, but if parents cannot agree, the court will impose a schedule based on the child’s best interest. Flexibility is important, as courts may approve nonstandard schedules if they are shown to be in the child’s best interest and if parents can effectively communicate and cooperate.

Conclusion

Choosing the right custody schedule is a critical decision that impacts the well-being of your child and the dynamics of your family. In Texas, the Standard Possession Order and Expanded Standard Possession Order provide structured, predictable schedules that courts often favor. However, nonstandard schedules can offer tailored solutions to meet the unique needs of families.

When deciding on the best parenting plan, consider the age and needs of your child, your work schedules, proximity, and ability to communicate effectively. By prioritizing the best interest of your child and maintaining flexibility, you can create a custody arrangement that supports your child’s development and fosters positive relationships with both parents.

Navigating custody schedules can be challenging, but with careful consideration and a commitment to cooperation, you can develop a plan that works best for your family.

If you need assistance, consider consulting with a family law attorney who can provide guidance based on your specific situation and ensure that your custody arrangement complies with Texas laws. We can help. Call 817-203-2220 to schedule a consultation with an experienced North Texas family lawyer.

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