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When to Use a Phase In Custody Schedule

When a parent has not been in a child’s life, and abruptly throwing the child into overnights and full days with a parent would make no sense for the child’s well-being, a phase in schedule can be used to ease the child into the relationship and hopefully result in a better bond between the newly introduced parent and child.

Phase in schedules can also work for parents who have substance abuse problems, and contingencies can be added to the language such that the moving ahead in steps of the custody schedule is contingent on drug test result success and also following the schedule of the previous step before moving on.

Proposed custody schedule language:

The following proposal was offered as a phase in solution by Attorney Cindy Tisdale of Dallas at the Advanced Family Law CLE in 2013:

The Court ORDERS that FATHER shall have possession of and access to CHILD as follows:

     Step 1

The provisions of Step 1 shall govern FATHER’S right to possession of the child from August 1, 2009 to December 18, 2009, or until FATHER exercises 10 Sunday periods of possession.

Beginning August 1, 2009, FATHER shall have the right of possession and access to the child as follows:

  1. Two (2) consecutive hours, beginning at 11:00 a.m. and ending at 1:00 p.m. that same day on the Sunday following the first, third and fifth Friday of each month.

These periods of possession shall take place in the home of MOTHER and be supervised by MOTHER.

If FATHER has not exercised at least 10 Sunday periods of possession by December 18, 2009, his periods of possession shall continue under Step 1 until he exercises 10 supervised periods of possession during five (5) consecutive months.

     Step 2

The provisions of Step 2 shall govern FATHER’S right to possession of the child from December 19, 2009 to March 18, 2010, provided FATHER has complied with all provisions as set forth in Step 1.

FATHER shall have the right of possession and access to the child as follows:

  1. Sundays – Four (4) consecutive hours, beginning at 11:00 a.m. and ending at 3:00 p.m. on the Sundays following the first, third and fifth Friday of each month.
  2. Christmas – For a period of four (4) hours on Saturday, December 26th, beginning at 11:00 a.m. and ending

at 3:00 p.m.

These periods of possession shall take place in the home of MOTHER and be supervised by MOTHER.

If FATHER has not exercised at least 5 Sunday periods of possession under Step 2 by March 18, 2010, his periods of possession shall continue under Step 2 until he exercises 5 Sunday periods of possession during 3 consecutive months.

     Step 3

The provisions of Step 3 shall govern FATHER’S right of possession and access to the child from March 19, 2010, to August 31, 1010, provided FATHER has complied with all provisions set forth in Step 2.

FATHER shall have the right of possession and access to the child as follows:

  1. Sundays – Eight (8) consecutive hours, beginning at 10:00 a.m. and ending at 6:00 p.m. on the Sundays following the first, third and fifth Friday of each month.
  2. Father’s Day – For a period of six (6) hours on Father’s Day, beginning at 10:00 a.m. and ending at 4:00

p.m.

If FATHER has not exercised at least 10 Sunday periods of possession under Step 3 by August 31, 2010, his periods of possession shall continue under Step 3 until he reaches 11 Sunday periods of possession during 6 consecutive months.

       Step 4

The provisions of Step 4 shall govern FATHER’S right of possession and access to the child from September 1, 2010, to April 30, 1010, provided FATHER has complied with all provisions set forth in Step 3.

FATHER shall have the right of possession and access to the child as follows:

  1. Sundays – Eight (8) consecutive hours, beginning at 10:00 a.m. and ending at 6:00 p.m. on the Sundays following the first, third and fifth Friday of each month.
  2. Thanksgiving – Six (6) consecutive hours, beginning at 10:00 a.m. and ending at 4:00 p.m. on the Saturday immediately following Thanksgiving Day.
  3. Christmas – Six (6) consecutive hours, beginning at 10:00 a.m. and ending at 4:00 p.m. on December 26th.
  4. Child’s Birthday – Two (2) consecutive hours, beginning at 6:00 p.m. and ending at 8:00 p.m. on March 18, 2011.

If FATHER has not exercised at least 15 Sunday periods of possession under Step 4 by April 30, 2011, his Sunday periods of possession shall continue under Step 4 until he exercises 15 Sunday periods of possession during 8 consecutive months.

      Step 5

The provisions of Step 5 shall govern FATHER’S right of possession and access to the child from May 1, 2011, to September 30, 2011, provided FATHER has complied with all provisions set forth in Step 4.

FATHER shall have the right of possession and access to the child as follows:

  1. Sundays – Eight (8) consecutive hours, beginning at 10:00 a.m. and ending at 6:00 p.m. on the Sundays following the first, third and fifth Friday of each month.
  2. Father’s Day – For a period of six (6) hours on Father’s Day, beginning at 10:00 a.m. and ending at 4:00 p.m.

Notwithstanding the periods of possession ORDERED for FATHER, it is explicitly ORDERED that MOTHER shall have a superior right of possession of the child as follows:

  1. Extended Summer Possession by MOTHER – If MOTHER gives FATHER written notice by May 15th of a year or gives FATHER fourteen (14) days’ written notice on or after May 16th of a year, MOTHER may designate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven (7) days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by FATHER shall not take place in that year, provided that the weekend so designated does not interfere with Father’s Day Weekend.
  2. Mother’s Day Weekend – Beginning at 6:00 p.m. on the Friday preceding Mother’s Day and ending at 6:00 a.m. Mother’s Day.

If FATHER has not exercised at least 8 Sunday periods of possession under Step 5 by September 30, 2011, his periods of possession shall continue under Step 5 until he exercises 9 Sunday periods of possession during 5 consecutive months.

    Step 6

The provisions of Step 6 shall govern FATHER’S right of possession and access to the child from October 1, 2011, to March 18, 2012, provided FATHER has complied with all provisions set forth in Step 5.

FATHER shall have the right of possession and access to the child as follows:

  1. Weekends – Beginning at 10:00 a.m. on the Saturday following the first and third Friday of each month and ending at 6:00 p.m. on the Sunday immediately following.
  2. Thanksgiving – For a period of six hours on the Saturday immediately following Thanksgiving Day, beginning at 10:00 a.m. and ending at 4:00 p.m.
  3. Christmas – For a period of six hours on December 26th, beginning at 10:00 a.m. and ending at 4:00 p.m.

Notwithstanding the periods of possession ORDERED for FATHER, it is explicitly ORDERED that MOTHER shall have a superior right of possession of the child as follows:

(1)   Christmas – Beginning at 10:00 a.m. on December 24th, and ending at 10:00 a.m. on December 26th.

If FATHER has not exercised at least 10 Saturday overnight periods of possession under Step 6 by March 18, 2012, his periods of possession shall continue under Step 6 until he exercises 10 Saturday periods of possession during 6 consecutive months.

   Step 7

The following periods of possession and access to the child under Step 7 are contingent upon successful completion of the preceding six (6) steps as set forth above, but under no circumstances shall Step 7 commence before March 19, 2012.

  1. Weekends –

On weekends that occur during the regular school term, beginning at 6:00 p.m. on the first, third and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

On weekends that do not occur during the regular school term, beginning at 6:00 p.m. on the first, third and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

phase in custody schedule (word download)