Visitation

Why Work with an Experienced Family Law Attorney

In many cases, parents will disagree about how matters related to their children will be handled, and this can make it difficult to create parenting agreements during a divorce or child custody case. To ensure that their rights will be protected and that the decisions made will provide for their children’s best interests, a parent can work with an experienced family law attorney. At Clark Law Group, we work closely with our clients and take the time to understand their families’ needs. We can make sure parents will be able to maintain close, continuing relationships with their children as they create workable visitation schedules and address other issues that affect their case.

Standard and Modified Possession Orders

Texas law details a standard possession order that may be used in cases where a child is at least three years old and parents live within 100 miles of each other. Under this type of order, a non-custodial parent (who is referred to as the “possessory conservator”) will have visitation time with their children on the first, third, and fifth weekend of each month from 6:00 pm on Friday until 6:00 pm on Sunday. The possessory conservator may also spend time with children every Thursday evening from 6:00 to 8:00 pm. The standard possession order also allows for 30 days of visitation time with a non-custodial parent during children’s summer vacation, and parents will alternate the days that children spend with them each year during spring break and holidays such as Thanksgiving and Christmas.

The standard possession order is presumed to provide a minimum reasonable amount of visitation time for a non-custodial parent. However, this is a “rebuttable” presumption, meaning that either parent may present arguments or evidence to show why this type of arrangement would not be in a child’s best interests. For example, a parent may argue that sole custody would be appropriate due to the other parent’s history of domestic violence or substance abuse. However, family court judges usually believe that it is in children’s best interests to maintain continuing relationships with both parents. If necessary, a supervised possession order may be created that will allow a non-custodial parent to spend visitation time with their children while being supervised by a family member, a social worker, or another party.

If one or both parents believe the standard possession order would not be workable based on parents’ or children’s schedules, or if it would be in children’s best interests to spend more or less than the minimum amount of time with the non-custodial parent, a modified possession order may be created. Parents may be able to work together to create a possession order that they can both agree on, or either parent may request that a judge create orders that deviate from the standard possession order. Parents may also need to address situations where a child is under three years old or where they will be living more than 100 miles apart. Ideally, they will be able to create arrangements that will allow both parents to have a good amount of time with their children while also making sure children’s needs will be met at all times.

Contact Our Dallas Child Possession Attorneys

Our firm can provide you with legal representation as you address issues related to custody and possession of your children, and we will fight to protect your rights and create orders that will meet your family’s needs. For a confidential consultation, contact our office by calling 469-906-2266. We assist with child custody and other family law matters in Fort Worth, Lakewood, Valley Ranch, Garland, Preston Hollow, Denton County, University Park, Plano, Irving, Carrollton, Grand Prairie, Highland Park, Dallas County, Park Cities, Mesquite, Farmers Branch, Lake Highland, McKinney, Dallas, Collin County, North Dallas, and Coppell.