Impasses of Divorce

Shared Parenting With Texas Child Possession Orders

If only divorced parents could mutually agree on meaningful possession schedules while co-parenting their kids! But since many cannot or will not, the Texas Courts generally use a One-Size-Fits-All Standard Possession order for all children over three years of age.  The Texas Legislature over time has expanded the schedule to make access a little more flexible. Does this always squarely meet or suit the needs of a child and her/his relationship with both parents?

The Section 153.001 of the Texas Family Code is the State’s policy on possession schedules and its formation:

  1. Assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interests of their child;

  2. Provide a safe, stable, and nonviolent environment for the child;

  3. Encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved the marriage.

The Texas Family Code, section 153.002 also states that “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship, possession of, and access of the child”. Because of this the Texas Courts are given wide range in determining a child’s best interest in possession schedules.

What about fair and equal Parent Possession Schedules? This is easier desired than accomplished! In E. Mavis Hetherington’s book, For Better or for Worse, Three types of co-parenting relationships are identified:

  1. Conflicted: Parents have frequent conflict, communicate badly, and have difficulty disengaging emotionally from the marriage (20-25%)

  2. Parallel: Parents who emotionally disengage from each other, with little communication and who usually do not coordinate child-related issues between themselves although conflict is minimal. (Over 50%)

  3. Cooperative: Parents who work together to actively plan their children’s lives and support each other. They work toward conflict free possession schedules in a nurturing parenting situation. (25%-30%)

Despite many separation and divorce related conflicts among parents, the main beneficial recipients of shared parenting are the children. When both parents are positively engaged in the parent-child relationship, probabilities are much higher for positive adjustment, better academic achievement and positive mental development of a child.

In Johnston & Campbell’s book, Impasses of Divorce, their findings support that the majority of parents substantially reduce their pre marital conflict within 2-3 years after divorce. Regrettably, 8%-20% of parents remain in a state of chronic high conflict!

How can Parents promote or enhance shared parenting in possession schedules?

Many parents will usually find a way or the mechanism to eventually work together for the benefit of the child, no matter how contentious the divorce. Even if shared parenting is not possible, parallel co-parenting reducing conflict may be acceptable. But if the parental conflict is high, try to use and enforce a possession schedule that limits parent contact during possession exchanges of the child and accordingly reduce conflict opportunity.

Parents: Leave your conflicts at home. You are divorced!  Concentrate on what is best for your child.  You are the lifetime primary example for your child on how families communicate.  Be mature and responsible and show your child that no matter what has occurred in the past, and regardless of fault, your joint goal is an emotionally healthy child over the long haul.

 

DETAIL

Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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