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Possession and access rights of a child in Texas

On Behalf of | Oct 21, 2020 | Child Custody

Family law matters can plague families in Texas and elsewhere. Oftentimes, divorce brings about child custody issues, which may not result in a traditional shared custody arrangement. In some cases, one parent may take on the primary role of raising the child or children. This means that one parent has physical custody of the child; however, this does not mean that the other parent will not have any access to the child. In the state of Texas, visitation can be established, allowing the other parent to exercise their visitation rights.

Visitation rights in Texas

Each state has their own rules regarding child custody and visitation. In Texas, this is referred to as conservatorship and possession and access. When shared conservatorship does not exist, the other parent has possession and access to the child. In the state, there is a standard possession order. This refers to each parent being allowed equal possession and access to the child. Additionally, the both have the rights to address the needs of the child.

The right to passion of a child

In the state of Texas, this is dependent on various factors. To begin, the distance between parents could establish whether the child will live primarily with one parent. Additionally, the age of the child is taken into consideration when making a decision with regards to the schedule outlined in the final order.

If the child is under the age of three, the court will look at factors when making a decision. This often includes how the child will be impacted by the separation from either parent, whether any siblings will be present during possession, the child’s need for a routine, the needs of the child and the availability of the parents to act as caregivers to the child. While it is possible for parents to establish their own schedule, they must be approved by the court.

Not all family law matters are the same. In fact, each one is unique to the details and factors of their specific matter. Thus, these details should be considered when assessing what custody and visitation should look like. Additionally, a parent should fully explore their rights when it comes to asserting their parental rights and ensuring the best interests of their child are met.