Select Page

So, the Momma came into today to hire us. It’s a custody case. She wants to control Dad’s visitation. She wants it in her discretion. So, she will get the say in deciding when Dad gets to see his child and when he doesn’t. Hmmm . . . that’s not going to happen. It is presumed that the Expanded Texas Standard Possession Order is the best possession for the non-primary Dad. A possession schedule that provides frequent contact between the child and the Dad – lots of quality time. Calculated, it is about a 45% of the time possession schedule. To get over that, Momma has to show some pretty serious issues with Dad. She also wanted to be Sole Managing Conservator.

The Texas Supreme Court says that a discretionary possession schedule is no possession schedule and runs afoul of the Best Interest of the Child test. Momma was not happy with our comments and we declined the case.

Note, the roles can be reversed. If Dad is the primary, then it is presumed that Momma gets the Expanded Standard Possession Order. Frequent contact between the Momma and the child. But that was not the case presented today.