Child Custody/Visitations Lawyer in Sugar Land and Fort Bend County, Texas

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 necessarily 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. It is important to discuss the specifics of your case with an experience Fort Bend attorney prior to making this decision.

Texas law presumes that a standard visitation schedule will be followed in most cases for children age 3 and older. A judge can deviate from the standard schedule with good cause, and special allowances can be made for religious holidays. Of course, parents can agree on custody arrangements that differ from the standard visitation schedule, and judges frequently approve their agreement. Even if you and your spouse are in agreement on a schedule, it is still advised to hire a child custody lawyer to comb through legalities. Regardless of the visitation schedule written into the divorce decree, divorced parents can always agree to follow any workable schedule of visitation they feel is best for their child. Possession orders are made by judges to provide a definite visitation schedule in case parents cannot agree.

As your child custody attorney will explain, the standard child custody order for parents who live less than 100 miles apart states that one parent will have visitation on the following schedule: • Weekends starting at 6:00 p.m. on the first, third and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. (Under the expanded option visitation begins when school is dismissed on Fridays and return Monday to school). • Thursdays during the school year starting at 6:00 p.m. and ending at 8:00 p.m. (Under the expanded option, Houston child custody lawyers can ensure the period begins when school ends and/or ends when school resumes the following Friday morning). • From 6:00 p.m. to 8:00 p.m. on the child's birthday. Fathers have possession for Father's Day from 6:00 p.m. on the Friday before Father's Day until 6:00 p.m. on Father's Day. Mothers have the same period for Mother's Day.
• In even-numbered years: Parent A has the child during Spring Break, Parent B has the child for Thanksgiving, Parent A has the child for Christmas from the time school lets out until noon on December 28th, and Parent B has possession from December 26 until 6 p.m. on the day before school resumes. In odd-numbered years, the holiday schedule is reversed. Custody lawyers in Houston, TX should be familiar with this regulation so agreement on such details can more easily be reached.
• The parent with visitation has the child for 30 days during the summer. If that parent gives notice before May 1, he/she can designate the 30 days during the summer when he/she has possession in up to two separate periods of at least seven days. If no notice is given, he/she has possession from July 1 until July 31.

The possessory parent has visitation every spring break when the parents live farther apart, instead of every other spring break when the parents live near each other. Similarly, summer visitation is expanded to 42 days, instead of 30 days. Finally, if a parent is unable to visit on the first, third and fifth weekend due to distance, the possessory parent may choose any one weekend per month for visits. Team up with Houston custody lawyer Jason D. Lawrence to learn more about which child custody options are best for you.