Child Custody & Visitation
Legally, child custody is very different from child visitation in Texas. Child custody is the legal rights one parent has over his child or children. Child visitation is how often and on what schedule a child stays with a certain parent.
In Texas, it is presumed that both parents sharing a majority of the child’s rights are in the best interest of that child. Even so, there are some decisions like where the child will live a majority of the time and where the child goes to school that is made by one parent. It’s important that this decision is negotiated throughout either the divorce or other suit-affecting-the-child process.
There are also times where it’s not in the best interest of the child for both parents to share most legal rights to the child. If you’re concerned about another parent’s ability to manage these rights, it’s important to fight for this and make it clear to the judge why you think that way. We’ve handled many cases like this and know what arguments will and won’t fly before judges.
As for child visitation, Texas has a standard possession schedule that, again, is presumed to be in the best interest of the child. It’s up to the person that wants to change this schedule to prove why it should be different. The standard schedule for the non-custodial parent is every 1st, 3rd and 5th weekends while alternating holidays. Summers are also managed differently.
Lastly, if you’re married with children, these issues will be handled during your divorce. It’s imperative that you get things the way you want in the divorce paperwork. It can be difficult to modify children arrangements after the divorce has been finalized.