When a couple with minor children separates or gets divorced, they will need to consider several custodial arrangements. In cases where one parent will be the primary caretaker, a visitation order can allow the other parent to maintain a relationship with their children. A planned and agreed-upon schedule is often crucial to ensure that both parents can spend time with the kids.
However, it can be difficult to establish an effective visitation order without help from a skilled family law attorney. A visitation lawyer at our firm could help families navigate the legal processes, create a schedule that works for all parties, and uphold the best interests of the children.
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A “visitation order,” also referred to as a “possession order” in Texas, is a court-ordered schedule for when a noncustodial parent or a nonparent may spend time with a child. There are several different types of possession orders that a parent could obtain in Texas, depending on the circumstances of the case. A knowledgeable visitation attorney could help parents determine which kind of order is right for their situation.
In Texas, there are four different types of possession orders. Which kind of possession order a party should get will vary depending on several factors, such as the child’s age. The types of possession orders include the following:
Under §§ 153.3101- 153.317 of the Texas Family Code, standard possession orders allow each parent to spend time with their children at mutually agreed-upon times. However, if the parents cannot agree, the noncustodial parent has a right to see their child at the times specified under Tex. Fam. Code §§ 153.312-313.
There are specific nuances for standard possession orders in cases where a child is under three years old. Parents of young children who cannot agree on a visitation schedule may need to have one tailored for them by the court, under Tex. Fam. Code § 153.254. Parents in this position should discuss their case with a skilled visitation attorney who could explain the relevant laws.
When a standard possession order is not viable, parents may seek a modified possession order. Essentially, a modified order is a visitation order that deviates from standard possession.
If there is a concern for the safety of the child in question, the custodial parent may request to obtain a supervised possession order. This means that the noncustodial or nonparent may not visit with the child unless a family member, neutral third party, or agency is present during the visitation.
In Texas, what’s commonly called a “visitation order” is legally referred to as a “possession order,” which is a court-ordered schedule for when a noncustodial parent or a nonparent may spend time with a child.
Texas recognizes four different types of possession orders, and which one a parent should pursue depends on factors such as the child’s age. An attorney can help determine which type fits a family’s specific circumstances.
A standard possession order is the default visitation schedule used when parents haven’t specified how they want to divide time with their child, and it actually comes in three variations depending on how far apart the parents live. When parents live within 100 miles of each other, the visiting parent is generally entitled to every other weekend, Thursday nights, alternating holidays, and at least a 30-day period in the summer.
Yes — a court order relating to conservatorship, support, or possession of and access to a child can be modified by filing a claim for custody modification, and any parent affected by the order may file such a claim. This can result in adjustments to visitation schedules, changes to the primary custodial parent designation, or changes to child support
There are several reasons why a custodial parent may seek to obtain a visitation order. These documents govern when and where their child may meet with a noncustodial parent or nonparent. However, not all possession orders are the same. A knowledgeable attorney could help parents understand standard possession orders and determine whether their situation may call for alterations.
If you were recently divorced or separated from a spouse and would like to get a possession order, work with a seasoned visitation lawyer. These legal processes can be confusing and stressful to undertake on your own. Our legal team is ready to speak with you during a risk-free consultation and help determine an effective strategy for your situation. Call us today to get started.
We live by our commitment to zealous advocacy and are passionate about your case. Whether you need assistance with a high-conflict divorce or a custody modification, our smart and responsive approach is designed to yield a positive outcome for you. Don’t hesitate to reach out.
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