Couples with significant assets who decide to dissolve their marriage face a host of unique issues that don’t come up in standard divorces. For instance, couples with diverse assets must often obtain appraisals for antiques, jewelry, and business interests, in addition to retirement benefits, stocks and bonds, and bank accounts. While these issues are unique to high asset divorces, there are some aspects of divorce that remain the same regardless of the amount of the parties’ assets. This is especially true in cases that involve children, as those who are not able to come to an out-of-court agreement regarding custody, parenting time, and visitation will need to place their case before the court. In these cases, judges often look to the state’s standard summer visitation schedule when making custody decisions. For an explanation of these guidelines and how they could affect your own custody arrangements, please contact an experienced Leander high asset divorce attorney as soon as possible.

Managing Conservators

In Texas, courts have a large amount of discretion when it comes to making custody arrangements. However, there is a presumption that granting parents equal time with their child is in the parties’ best interests. For this reason, many divorcing parents are deemed to be joint managing conservators, which means that they share the rights and obligations to make decisions regarding the child’s education, health, and welfare. Even in these cases, it is common for one parent to be named the managing conservator, which means that he or she would have the responsibility of deciding where the child will primarily reside. When one parent is named the managing conservator, the other will be considered to be the possessory conservator, which means that they could have 50-50 possession, standard visitation, or expanded visitation.

Although most people have heard of Child Protective Services (CPS), not everyone is aware of their function. CPS is a part of the Texas Department of Family and Protective Services, which is a state agency put in place to ensure that children in Texas are kept safe from neglect and abuse. When someone reports a parent or guardian to CPS, the agency is required by law to investigate the allegations. Unfortunately, many parents are falsely accused of neglecting their children, which can have a traumatizing effect on minors who are then forced to leave their home. If your child has been removed from your home by CPS, you should contact an experienced complex child custody lawyer who can explain your next steps.

Investigations and Court Hearings

When a person has been reported by CPS, they will be assigned a caseworker who will explain the allegations made against them and create a service plan. Eventually, the child’s parents will be required to attend a series of hearings at a Child Protection Court, where they will have the opportunity to refute the allegations made against them. In some cases, the judge will order that a case be sent to mediation or a family group conference instead of resolving the issues at trial. In either case, within two weeks of the date of the child’s removal, the court will hold an adversary hearing, after which the judge will return the child to their parents or place them with a family member.

In Texas, non-custodial parents have the right to interact with their child at certain times. Although there are several types of visitation orders in Texas, one of the most common is the Standard Possession Order (SPO), which is usually utilized when parents cannot agree on a visitation schedule. Although the SPO was specifically designed to be fair and workable to both parents, this type of schedule is not always in a child’s best interests, so if you are going through a divorce and are unable to reach an out-of-court agreement with your spouse regarding custody and visitation, you should consider speaking with an experienced complex child custody lawyer who can help you find a solution that is best for your family.

SPO Schedules

When couples are unable to come to a custody arrangement, the court steps in and creates an agreement that is in the child’s best interests. In many cases, this takes the form of the Standard Possession Order, which generally provides that the possessory, or non-custodial parent has the right to visitation with their child starting at 6:00 p.m. on the first, third, and fifth Friday of each month. This period of visitation ends at 6:00 p.m. the following Sunday. Additionally, the non-custodial parent is granted visitation with the child every Thursday evening for two hours.

In Texas, family law courts use the term conservatorship to describe the responsibilities, duties, and rights of parents towards their children. Essentially, the term is used to describe what many other states refer to as custody. There are two types of conservatorship in Texas: sole managing conservatorships and joint managing conservatorships. The type chosen by the courts depends on the specific circumstances of each case, so if you are considering divorce and have questions about your legal rights or duties as a parent and how they could be affected by the dissolution of your marriage, it is important to contact a complex child custody attorney who can address your concerns.

Sole Managing Conservatorships

Parents who are appointed as sole managing conservators are given primary responsibility for raising their child. For example, sole managing conservators can decide where their child will live, can consent to medical treatments, have the right to receive child support payments, and can make decisions regarding their child’s education and employment. Texas courts presume that joint managing conservatorships are in the best interests of a child, so sole managing conservatorships are rare. In most cases, courts will only award one parent sole conservatorship if:

The approaching holiday season can be a joyous time for family and friends to reunite and celebrate together. Unfortunately, these festive occasions can become contentious when ex-spouses are unable to come to an agreement about holiday visitation with their children. To help avoid this type of stressful situation, you should consider speaking with an experienced complex child custody attorney who can help you find a solution that is in the best interests of all parties.

Court-Ordered Visitation Schedules

When a couple is unable to come to an out-of-court agreement regarding custody matters, courts are required to step in and create a parenting agreement. In these cases, visitation schedules take the form of either standard possession or expanded standard possession arrangements. Under a standard possession order, the holiday visitation schedule will be set in stone, regardless of the distance between the parents’ residences.