QUESTION

Do I fill the Possession of and Access to the Child/ren (Visitation) form if my spouse and I don't want the court to make a schedule?

Asked on Mar 18th, 2020 on Divorce - Texas
More details to this question:
My spouse and I already have a schedule that works for us and we don't not want the court to order one. Do I have to fill out this form. It's on the petition for divorce packet. We are having an uncontested divorce.
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1 ANSWER

Family Law Attorney serving Houston, TX at Gammell & Associates
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The first paragraph of the possession order says that the parents can have possession of the child[ren] at all times that they mutually agree.   Accordingly, the parents can follow whatever possession schedule they want.   That said, the Court will require you to have some sort of "standard" possession schedule that you will follow in the event the two of you cannot agree.  Or, you could type of your agreed schedule and ask the judge to approve that.  Regardless, the judge will have to conclude that whatever is in the order is in the best interest of the child[ren], unless the schedule is one agreed to in mediation.
Answered on Mar 19th, 2020 at 8:19 AM

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