Child custody cases can happen as a result of modifying a prior order, like a divorce decree, or as a new case, or modification of a case, relating to a child whose parents have not been married, these are called a Suit Affecting the Parent Child Relationship (SAPCR.) Child custody cases are emotional and traumatic for any family.
What does a Child Custody Order do?
Child custody cases relate to all aspects of care of a child including who has the right to determine the primary residence of the child and what visitation rights the non-custodial parent (the parent who does not have the right to determine the primary residence) has. Other rights to be considered and allocated in a child custody case are:
- The right to make educational decisions
- The right to make decisions regarding invasive medical procedures
- The right to consent to psychological or psychiatric treatment
- The right to consent to enlistment in the armed services
- The right to consent to marriage
- The right to manage the child’s estate
- The right to represent the child in legal action
These rights can be awarded to one parent exclusively, to each parent independently, or they can require the agreement of each parent.
A child custody order is also going to outline which parent has the child when, this is the possession schedule. There are a myriad of possession order possibilities including:
- Standard Possession Order
- Expanded Standard Possession Order
- Possession Orders for children under three
- Supervised Possession Orders.
The type of possession order you have depends on the circumstances in your case. Ideally the parents can agree on a possession order for the children, if they are unable to do so then the Court will Order a possession schedule that is found to be in the best interest of the child.
It is important to note that a Court Order for possession and access is the overriding principal, but parents can always agree to more or less possession outside of that Order. I often explain the Court Order as what is used if the parents don’t get along, but parents who work together can always agree to anything outside of the Order that they find to work for their family.
Specifics of Possession Orders
The possession schedule will be very specific in outlining the aspects of possession and access to the child including:
- Time of drop off of child
- Time of return of child
- Place for drop off and return of child
- Summer possession schedule
- Holiday possession schedule
“We will compassionately work with you to reach an amicable resolution in your case. We also believe that every effort should be made to work with all parties in order to reduce trauma to the family. “
What is Standard Possession Order?
Standard possession in Texas is outlined in section 153.252 of the Texas Family Code and includes the following:
When the parents live within one hundred miles of each other the noncustodial parent has the right to possession of the child (not an all-inclusive list):
- On the first, third, and fifth weekends of the month beginning at six p.m. on Friday and ending at six p.m. on Sunday
- Thursday evenings during the school year from six p.m. until eight p.m.
- Alternating Thanksgiving and Spring Break as well as half of each Christmas break
- Thirty days during the summer
When the parents live more than one hundred miles apart the non-custodial parent has the right to possession of the child (not an all-inclusive list):
- On the first, third, and fifth weekends of the month as outlined in the standard possession schedule, or the parent can elect only one weekend per month;
- Alternating Thanksgiving, half of each Christmas break and every Spring Break.
- Forty-two days in the summer.
What is Expanded Standard Possession?
- If a non-custodial parent elects expanded standard possession, then weekend possession can begin on Thursdays and extend until the time school resumes on Monday morning.
What is a Supervised Possession Schedule?
If a Court finds it necessary and in the best interest of the child, the Court can Order that a parent’s possession of the child be supervised. This could happen in cases such as parent drug/alcohol abuse or child abuse/neglect. The Court could order that possession be supervised at a safe location by a family member or friend; or the Court could order that possession be supervised by a professional, paid, third party.
There are many moving parts of a child custody case, the Court will always make a determination based on the best interest of the child.
Child custody cases are emotional and traumatic for any family. Colette Sallas has been representing parents in Denton County in all types of child custody cases since 2008. Let Sallas Law guide you through the process of Family Law Courts in TX. Contact Colette Now!
Sallas Law represents individuals in Denton County including all Denton County District Courts and in the municipal courts of Denton County cities including Denton, Lewisville, Flower Mound, Aubrey, Corinth, Lake Dallas, Sanger, The Colony, Justin, Krum, Argyle, Hickory Creek, Copper Canyon, Krugerville, and Crossroads.