Child Custody In Texas
I founded Beveridge Law Firm PLLC because I believe that it is in the best interests of the child to have time with both parents, and I want to help clients in Alvin and surrounding communities protect their visitation rights. I was inspired to go to law school and begin my practice because of my own personal experience with divorce and the Texas Court system. I am also passionate about advocating for change. If you are navigating child custody matters and you already are a noncustodial parent, or you have concerns about becoming a noncustodial parent, I can help.
Child Custody Laws In Texas: Managing Conservatorships And Possessory Conservatorships
In Texas, the court uses legal terms that are slightly different to refer to custody. In a divorce or legal separation, instead of legal custody, the court will designate a managing conservatorship. Texas law presumes that both parents will have a joint managing conservatorship and make decisions together about the child’s life and future. If the court decides that it is not in the best interests of the child to have a joint managing conservatorship, one party may be designated as the sole managing conservator.
Instead of physical custody the court will designate possessory conservatorship. The court presumes that it is in the child’s best interest that one parent’s home be designated as the child’s residence, meaning that the other parent is considered the noncustodial parent.
Noncustodial Parental Rights And Standard Possession Orders
In the event that the parties cannot agree on a visitation schedule, the court will issue a standard possession order. If the parents live within 100 miles of each other, the noncustodial parent has the right to visitation according to the following:
- The first, third and fifth weekend of every month
- On Thursday evenings every week during the school calendar year
- Alternating holidays
- Extended vacation time during summer vacation, usually amounting to 30 days
For parents who live more than 100 miles away from each other, the same rules apply with a few exceptions. Given the distance, it may not be feasible for you to come every weekend and one day every week. In these instances, you may have your child or children for a longer spring break and an extended summer break (longer than 30 days).
Advocating For The Rights Of The Noncustodial Parent
Noncustodial parents are expected to show up for their scheduled parenting times and bring them back when promised. The custodial parent has a legal obligation to deliver the children when and where as promised and to be there at the appointed time. Life happens. Changes arise. If your situation as the noncustodial parent changes significantly, it may be necessary to pursue a modification of your divorce decree, child support obligations, and visitation arrangements.
Have You Been Denied Visitation Rights?
No parent should be denied their rights to visitation and time to see their children. If you have been denied visitation, keep a record of the times you show up to get your kids and no one is there. Reach out and document the details of the times you tried to execute your visitation rights but they were denied. If it is an ongoing issue, an attorney may need to get involved to help you enforce your rights.
Are You The Noncustodial Parent Or Worried That You Might Be? Call Today.
If you are navigating a divorce or separation and have custody concerns, don’t wait. Call me today at Beveridge Law Firm PLLC or send me an email through my website to schedule your consultation.