AuClair Law Firm

child custody / visitation 

Is there a standard possession (visitation) schedule used in Texas?

Yes, the Texas Family Code provides a "Standard Possession Order." Under this schedule, one parent has the child living with them and the other parent gets the child on the first (1), third (3), and fifth (5) weekends of each month from Friday through Sunday of the same weekend. It also allows the parent that does not live with the child, visitation on Thursdays, one month in the summer, and alternating holidays.

The standard possession order in Texas is designed to apply to child three (3) years and older. 

Can the court order something other than the standard possession (visitation) schedule?

The Texas Family Code has a statute that makes it possible for for the court to deviate from the standard possession order if the court finds that the it is not in the best interest of the child, or if the standard possession order is inappropriate or unworkable. Texas Family Code Section 153.251-153.256. 

Can both parents agree on a visitation schedule?

Yes, under the Texas Family Code there is a statute that allows the court to enter an order for periods of possession that differ from the "Standard Possession Order" based on an agreement of the parties. 

Can a court order for visitation be modified?

Yes, under the Texas Family Code there is a statute that allows for the Court to hear a motion to modify child visitation. This is a very case specific issue and is based on individual circumstances, please contact the AuClair Law Firm to discuss your case with our experienced attorneys. ​

Is there a standard possession order (visitation) for parents who live hundreds of miles apart? 

Yes, in Texas there is a standard possession order for parents who live over one hundred (100) miles apart. 

I am behind on my child support, can I still exercise my visitation rights?

Yes, in Texas the Family Code does not permit a court to enter an order that makes a parent's right to visitation or access to a child dependent upon the timely payment of child support. Texas Family Code 154.011. 

The other party is not following the Court's final order. Can something be done? 

If the other party is not following the Court's order regarding visitation or other issue, a motion to enforce can be filed. The Court may enforce the final order by holding the violating party in contempt. A motion to enforce is case specific, please contact the AuClair Law Firm to discuss your particular issue. 

If the other parent and I are awarded joint managing conservatorship (custody), do we get equal time with the children? 

Not necessarily. Being awarded joint managing conservatorship refers to the equal sharing of parental rights, duties, and decision making but not necessarily equal time with the children. 

What is joint managing conservatorship? 

Joint managing conservatorship is when both parents are awarded rights and responsibilities for the child / children. When joint managing conservatorship is awarded by the court, the Judge will specify in the order the duties and responsibilities that each parent has jointly and separately. 

Criminal Defense and family law