Houston Divorce Lawyer & Attorney : Cavers Law Firm : Texas Family Mediation & Adoption Lawyer

If you’re a divorced or divorcing parent you know that the Standard Possession Order addresses the “major” holidays such as Thanksgiving, Christmas, and both Mother’s and Father’s Day. However, the Standard Possession Order is blueprint from which parents and their attorneys may build a custom plan for the family. Remember, long after the ink is dried on the divorce orders, you, your child, and ex spouse have to live with the order – so take the time to ask for the things important to you. 

If you have young children and you enjoy watching them dress up for Halloween and participate in carnivals or school activities, ask your attorney to include this in your parenting plan. Parents can either share responsibilities for Halloween, or trade-off Halloween just as divorced parents do with Thanksgiving (i.e., primary conservator to has child for Halloween in even numbered years, while possessory conservator has child in odd numbered years). 

Over the years, many parents have asked me to add special provisions to the Standard Possession Order, such as Halloween, Easter, and special holidays for other religious groups. 

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Now that we're past Labor Day, Houston area students are back in school, which can provide some additional stress for co-parenting in a divorced household.  The Houston Chronicle has introduced a new blog to keep parents in touch with what's going on in area schools.  For more information, visit blogs.chron.com/schoolzone/2007/08/introducing_parents_cheat_shee.html.

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In Texas public policy dictates that children should have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child and provide a safe, stable and non-violent environment for the child. Further, it is the policy of this state to encourage parents to share in the rights and duties of raising their children – even after the parents have separated or dissolved their marriage. 

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Section 101.016 of the Texas Family Code defines “Joint Managing Conservatorship” as the sharing of the rights and duties of a parent by two parties, ordinarily parents, even if the exclusive right to make certain decisions may be awarded to one party.

Under Texas law it is presumed that the best interests of a child is served if the parents are appointed Joint Managing Conservators (JMCs) so long as doing so would not significantly impair the child’s physical health or emotional well-being. For instance, if a court finds that one of the spouses has a history of domestic violence, then the JMC presumption would be rebutted.

Even though Texas courts generally award joint managing conservatorship, one parent over the other is usually given the primary right to designate the child’s residence based on a geographic restriction, such as Harris County and the surrounding contiguous counties. 

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Now that school is out for the summer, airports around the nation see a sharp rise in the number of children traveling alone to visit the non-custodial parent.  It is important for both parents to be aware of the airline's rules and regulations regarding unaccompanied minors -- or UM's as the airline personnel call them.  Though common sense should dictate how children traveling alone are handled, each airline's policies will be a little different.  Since September 11, 2001, airline travel rules have changed dramatically, and the same holds true for youngsters traveling alone.

Many airlines will not allow children under the age of 5 to fly alone.  Others do not permit children between certain ages to travel on flights that have stops, layovers, or that require equipment or crew changes. 

We all want to get the best travel deal available, but when booking a flight on-line, over the phone, or through a travel agent, be sure to mention that your child will be traveling alone and the age of the child.  Additionally, if your child has any special needs (medical or physical) it will be important to talk to the airline about this.

Additionally, there will be forms to fill out before the child is permitted to board the flight.  The airlines are pretty good about publishing policies and procedures for UM's on their web sites.  There is also a web site devoted specifically to unaccompanied minors, which can be found at unaccompaniedminor.net/.  This site has links to all the major airline web sites and UM's.

Have happy and safe travels.

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For Texas parents entering the realm of divorce and custody litigation, the phrase "best interest of the child" will be heard throughout the process.  This is probably the most often quoted phrase in the Texas Family Code.  The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of an access to the child.  See Tex. Fam. Code Section 153.002. 

What does "best interest of the child" really mean, and how are those interests determined?  This seems to be a very subjective standard that could vary from judge to judge.  While that is partially true, case law provides guidance. 

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