Child Custody

Custody is always in the best interest of the child. This is the basis for which fighting for custody should include, and whast the court is most interested in. Texas law presumes that all parents will be granted the title of joint managing conservators. The presumption may not apply when issues such as drug abuse, alcohol abuse, or domestic violence affect the children. In those instances, one parent may be named the sole managing conservator and the other parent will be named the possessory conservator. The title given does not necessariy affect the other issues pertaining to the children. Regardless of the title, both parents will be awarded certain rights and duties to the children, and both parents will be awarded periods of possession with the children. Typically with children over three years of age, the Courts will impose the Standard Possession Order under Texas law. One parent will also be ordered to pay child support in most situations.

Possession

The Texas Family Code provides a standard possession order for parents who live within 100 miles of each other. For parents residing within 100 miles of each other, the standard possession basicaly divides holidays evenly between both parents and gives the parent with visitation at least two weekends a month, two hours on Thursdays during weeks not in possession, and 30 days during the summer. School holidays can extend a parent's visitation. Under the standard possession order, if a parent has visitation on a weekend and the following Monday is a school holiday, then the period of visitation ends at 6:00 p.m. on Monday instead of Sunday. Likewise, if the school is out on Friday, the weekend visitation starts at 6:00 p.m. Thursday instead of Friday.

Here are are the differences for parents residing over 100 miles of each other: Holidays are the same, except spring break which is given to the possessory parent every year. Parent with visitation is given 42 days in the summer instead of the standard 30 days.

 

 

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