Dallas Child Visitation Lawyer
Your Right to Parenting Time with Your Child
Unlike most states, Texas has an entirely different term for visitation. The state refers to it as "possession and access," meaning that a parent gets physical possession of their child during set times. The parent who is not given child custody will be given visitation rights.
If you would like to learn more about child visitation rights and how they apply to your child, our legal team is here to clarify all aspects of your case. We also assist clients looking to modify existing child visitation rights. If handled properly by a Dallas child visitation rights attorney and with the child's best interests in mind, you may be able to greatly lessen the negative impact on your child and yourself.
How Is Visitation Determined in Texas?
If you and your former spouse can agree on a desired visitation agreement, then the court does not need to be involved. However, whether the decisions are settled on in court or out, the child's best interests must be upheld throughout the entire process. These interests are influenced by the child's age and health, the income of both parents, and the relationship the child has with each parent.
Texas courts will usually base their decision on the child's best interest.
This means the following factors will be taken into account:
- The child's age, gender, and physical health
- The state of each parent physically and mentally
- Either parent's financial status, whether or not they would be able to provide for the child
- Lifestyle
- The neighborhood and quality of schooling where either parent lives
- What the child wants if he / she is over 12 years old
- The emotional bond between the parents
When creating your visitation schedule, you should include guidelines for weekdays and weekends, holidays, school breaks, and birthdays. The more consistent the routine, the more stabilized the child will feel no matter where they spend their time.
Standard Possession Orders
Usually, a child will live the majority of the time with the parent who has the legal right to decide the child's place of residence. It is the court's intention to maintain a stable environment for the child and to encourage a continuous relationship with both parents. With that being said, there are guidelines for possession and access with each parent and the child.
These guidelines provide for:
- Weekends
- Spring Break
- Father's Day
- Mother's Day
- Thanksgiving
- Christmas
The guidelines for possession times of the visiting parent are outlined in the "standard possession order," also known as the SPO. Should a parent's work schedule change or they decide to move locations, the visitation schedule may need to be revised at the discretion of the court. Visitation stipulations in Texas are also unique if the parents live more than 100 miles away from each other.
Need legal representation? Call today!
To learn more about our family law services and how Mr. Sanjay Mathur can help you with your visitation matter, please give us a call to set up a case evaluation. Your case is important to us and we want to do everything we can to help you achieve the case results you are looking for.