Chip Parker Law Firm - Child Custody

Child custody and visitation issues are normally the primary points of contention in a divorce case. Custody trials are the most emotional and most difficult types of cases I have taken to a jury. Each case is different and the controlling factor in a custody dispute is what is in the best interest of the children.

CUSTODY

In Texas we use the term “conservatorship” to describe the legal rights of a party over a child. There are particular legal rights and duties of each conservator, such as the right to designate the children’s residence, and the duty to feed and clothe the children. Typically, both parents will be named as joint-managing conservators. This does not mean 50/50 custody. Conservatorship applies to legal rights and duties only. The parent who does not have the right to designate the primary residence of the children will normally be awarded certain periods of possession.

VISITATION

First of all, each parent can have possession of the children at any time that both parents agree to. In the absence of some other agreement there will be a set possession order.

The Texas Family Code has a Standard Possession Order that is presumed to be adequate. In a nutshell: the children primarily reside with one parent, and the other parent is entitled to possession of the children on the first, third, and fifth weekends of every month, along with a couple of hours during the week on Thursday night. The other parent also gets 30 days during the summer, some time during Christmas break, and Thanksgiving and Spring Break are swapped ever other year. There are also allocations for Mother’s Day and Father’s Day as well as the child’s birthday. There are other finer points involving school holidays, etc. The possession order will have specific times and places for the children to be exchanged. Excluding times the children are asleep or at school, the actual time of possession is almost 50% for each parent.

These visitation terms change somewhat if the parents reside over 100 miles apart. The periods of possession are fewer in number, but for longer periods of time.

Each parent should strive to spend as much time as possible with their children, and each parent should encourage their children to spend time with the other parent. Especially after divorce, co-parenting must be productive if you expect to raise healthy, responsible children.