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Custody and Visitation Laws in Texas: Five Facts that Matter

Boyd Family Law Dec. 28, 2021

The fallout of a relationship, whether it’s within a marriage or not, is one of the most difficult times anyone has to go through. But what makes it harder for couples is the fact that it has a huge impact on their children, which is why the law aims to protect the welfare of the young through custody and visitation guidelines.

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The Texas Family Code clearly discusses custody (called “Conservatorship”) and visitation (“possession and access”) schedules in Title 5 Chapter 153 and these are five of the most important things that you need to know if you’re making a schedule:

Possession and Access

You might be confused with the words possession and access, but these are the terms used in the Texas Family Code in lieu of custody and visitation. So, when you say that you have possession of a child, it means that the child is with you as a parent.

Responsibilities of Possession

If the child is with you, you are responsible for taking care of them. This includes providing for their basic needs like food, shelter, clothes and proper healthcare. You should also protect, reasonably discipline and train them morally to make sure the child grows up in the best condition possible. IN the case of emergency medical, non-invasive or dental care, you will be responsible for giving consent as the parent in possession of the child.

Specific Possession and Access Schedules

After separating, you will be asked to create a parenting plan that includes a possession and access schedule, which will turn into order after the approval of the court. The goal of this schedule is to allow your child to build a relationship with both parents and still experience what it feels like to have a family even after the fallout of a relationship.

Both parties should agree to the possession and access schedule or the court will impose a possession and access order if one or both parties don’t agree on a schedule. It will need to be specific regarding the beginning and ending times, which days, where to exchange the child, etc.

Custom Provisions in Parenting Plans

The Texas Family Code allows for some provisions in creating a parenting plan that will work for the schedule of both parents and resolve any issues during possession and access. E.g., this could include avoiding alcohol and drugs during the possession, undergoing supervised visitations and exchanging the child in a safe environment

Some courts require that one or both parents are required to attend counseling or classes that will help them be better parents to their child even after separation.

Standard Possession and Access Order

In the case where one or both parents cannot agree to a possession and access schedule, the law presumes that the “standard possession order” will be applied by the court for children over 3 years of age. There is no standard possession for children under three years old- instead, each judge has discretion on what possession is appropriate.

This is why it really counts to hire reliable lawyers who can help you take the right actions in creating a parenting plan, address issues properly and guide you through the process of possession and access.

At the end of the day, the children’s welfare should always be first, no matter what the outcome of the relationship was. After all, they have nothing to do with the situation and still deserve the best life possible even if their parents have already parted ways.

The Law Office of Jon R. Boyd practices Family and Probate Law and has two offices located in Fort Worth and Fort Worth, Texas. We‘re happy to offer our services here and to the surrounding areas: Fort Worth, Frisco, Allen, McKinney, Lewisville, Denton, The Colony, Little Elm, Carrollton, Richardson, Addison, Dallas or Fort Worth