Texas Child Custody Law
Modifications of prior orders : Step-parent adoptions
Grandparent rights : Enforcements of Prior Orders
Adoptions: Adult and child name changes : Mediations
Child custody including modification proceedings–can be one of the most hotly contested aspects in a family law case.
In the event the parents cannot agree on a custody plan, the court will decide whether to establish a Joint Managing Conservatorship (joint custody) or Sole Managing Conservatorship (sole custody). The decision as to what type of conservatorship will be awarded to whom, as well as the child's primary residence and the visitation program, will be based solely on what is in the best of the child. Some of the factors a court will consider include who has been more involved with the child, parenting skills, resources and who is truly putting the child first. Children ages twelve or older may designate a preference of which parent should be allowed to determine their primary residence. The Court will consider this preference in making a final decision regarding custody.
That said, parents should know that a custody fight will be expensive. It also may harm the child and harm relationships within the family. Because of these issues, parents often reach an agreement concerning custody.
Unless otherwise dictated by the circumstances, Texas law presumes that divorcing parents will be awarded Joint Managing Conservatorship of their children. This does not mean that the children will live half of the time with each parent. In fact, joint legal custody is not about how much time the parents spend with their children, but instead, addresses the parents' post-divorce rights, powers, duties and responsibilities to their children.
In the typical Joint Managing Conservatorship, both parents share most of these rights, powers, duties and responsibilities, although some rights belong to a parent only when he or she has the child (for example, disciplining the child). There is usually one parent given the exclusive right to receive child support and to determine the primary residence of the child.
In some cases, one of the parents is awarded Sole Managing Conservatorship. This means that the designated parent has the majority of the legal rights pertaining to the child and makes the majority of the important parenting decisions (such as where the child will physically reside).
Regardless of whether the court establishes a Joint Managing Conservatorship or Sole Managing Conservatorship, in the typical divorce, the child will reside with one parent while the other parent will have visitation rights. If the parents cannot agree on a visitation program, the court will make the decision.
Visitation
The Texas Family Code presumes the following standard visitation schedule for parents of children age three (3) and over who live within 100 miles of each other, The visiting parent has visitation:
- On 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 (options are to start when school is dismissed on Fridays and/or to end when school resumes, usually on the next Monday morning).
- On Thursdays during the school year starting at 6:00 p.m. and ending at 8:00 p.m. (options are to start when school is dismissed and/or to end when school resumes, usually on the next Friday morning).
- From 6:00 p.m. to 8:00 p.m. on the child's birthday.
- In even-numbered years: During Spring Break and for Christmas from the time school lets out until noon on December 28; the managing conservator has possession on Thanksgiving, and on December 28 until 6 p.m. on the day before school resumes after that vacation. In odd-numbered years, the holiday schedule is reversed.
- For thirty (30) days during the summer. If the visiting parent gives notice before April 1, he or she may designate the 30 days during the summer when he or she has possession in up to two separate periods of at least seven (7) days. If no notice is given, the visiting parent has possession from July 1 until July 31.
- Fathers have possession on 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 on Mother's Day.
When the parents live more than 100 miles apart, visitation on Thanksgiving, Christmas, the child's birthday, Mother's Day and Father's Day remain the same. The visiting parent also is allowed 42 days with the child during the summer and can follow the first, third, and fifth weekend schedule or choose to select one weekend a month with fourteen (14) days advance notice.
When a child is under the age of three (3), and depending upon the child's needs and the parents' circumstances, most courts will establish a customized visitation schedule that could include overnight visitation.
The parents are free to agree between themselves on the visitation schedule and if that is not possible the terms of the Standard Visitation Schedule will be followed. The Standard Visitation Schedule can be modified to fit the individual needs of the parties and the children.