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Child Visitation in Texas

At the Law firm of Warren & Migliaccio, LLP, in Garland & Allen, Texas, Gary Warren and Christopher Migliaccio believe in providing each client with practical answers to their legal questions regarding their physical custody rights of their children.  We understand how important having stable schedule with your children is and we are here to help you set one.

How does visitation (Physical Custody) get divided between the parents?

If left up to the parents, they can usually arrange and share visitation of the children in any manner that they can agree.  This is very often the ideal arrangement for both parents because they choose how to handle the situation, instead of leaving it up to the Judge.

If visitation can not be agreed to by the parents, you can expect the Judge’s order to follow the Standard Possession Order in most situations where the child is over the age of 3.  In certain circumstances, Judges will deviate or not follow the Standard Visitation Schedule.  In some circumstances for good cause and/or if the Judge feels it is in the best interest of the child.

Texas Standard Possession Order – Some things you should know

The Standard Possession Order details how the child’s time will be divided between the parents.  There are two different categories of the Standard Possession order depending on where the two parents live.

Below are some key points of interest describing the access and visitation a non-custodial parent would receive under the Standard Possession Order.  The non-custodial parent is the parent with whom the child does not live.

When parents live within 100 miles of each other,

The non-custodial parent will have visitation of the child on:

1. Weekends---beginning at 6:00pm on the first, third, and fifth Friday of each month and ending at 6:00pm on that Sunday.
2. Thursdays: beginning at 6 p.m., or when the child is released from school, and ending at 8 p.m.
3. Spring Break: in even numbered years (example: 2010, 2012, 2014, and etc.) when the child is released from school and ending at 6 p.m. the day before the child is due to return to school.
4. Summer Vacation: for thirty (30) days under the condition that they are exercised in no more than two separate periods of at least seven consecutive days.
5. Christmas Vacation:  in even-numbered years starting at 6 p.m. the day the child is released for Christmas Vacation and concluding on December 26 at 12 p.m.
6. Christmas Vacation:  in odd-numbered years starting December 26 at 12 p.m. and ending at 6 p.m. on the day before school resumes.
7. Thanksgiving Vacation: in odd-numbered years starting at 6 p.m. the day the child is released from school for Thanksgiving Vacation and concluding on the Sunday following Thanksgiving.
8. Child’s Birthday: beginning at 6 p.m. the day of the child’s birthday and ending at 8 p.m. the day of the child’s birthday.
9. Mother’s Day/ Father’s Day Weekend:  Depends
1. Mother’s day:  The mother of the child shall have the child during Mother’s Day Weekend starting at 6 p.m. the Friday before Mother’s Day and ending at 6 p.m. on Mother’s Day.
2. Father’s day:  The father of the child shall have the child during Father’s Day Weekend starting at 6 p.m. the Friday before Father’s Day and ending at 6 p.m. on Father’s Day.

When the parents live more than 100 miles apart

Non-Custodial Parent’s visitation is adjusted with the two following points:

1. Summer Vacation: parent gets 42 days during the summer (as compared to 30 days)
2. Weekends:  is allowed to choose between following the Standard first, third, and fifth weekend, or the election of any one weekend each month.  (with proper notice)

When the Child is three (3) years of age or younger.

It depends on the Judge.  Often, the Standard Possession Order is not applied to children 3 years of age and younger.  The amount of visitation to the Non-Custodial Parent can vary depending on the needs of the child and the ability of the parents to handle those needs.

Knowledgeable Attorneys That Listen

Warren & Migliaccio is dedicated to helping you understand your legal rights and helping you achieve them.  We listen to you and make your goals become our mission.

If you are seeking legal services, including child visitation, please call or fill out the contact form below.  Your initial consultation is free.