Parental Visitation and Your Texas Divorce
Divorce is never easy. If you have children, the process will be more difficult and fraught with emotion. You obviously will put your children’s needs first. You want to spend as much time with your kids as you can, and your children need to spend time with both their parents. Parental visitation can be one of the most difficult components of any divorce, but a skilled Texas divorce attorney will guide you through the process to protect your rights and your children’s psyches.
The Legal Presumption
In divorce cases, Texas courts presume that both parents will become joint managing conservators of their children. This means that both parents will share the same rights and responsibilities as they relate to the children, including providing for them and making important health and education decisions for them. It does not mean that both parents will be awarded equal time with the children. When the court deems it necessary, it may appoint one parent as sole managing conservator of the children, which means that one parent will assume more of these rights and responsibilities. The other parent will retain the right to spend time with the children. The court will establish, a visitation schedule known as a possession order.
Creating Your Own Visitation Schedule
You can create your own visitation schedule., If your divorcing spouse agrees to it, the presiding judge will very likely approve it. Even if you can’t agree, it’s worth bringing a schedule to court. If your spouse does the same, you may be able to find common ground between the two schedules. The court will have a guideline of what you hope to accomplish regarding visitation if no agreement is reached. Whenever possible, it’s in your best interest to reach a visitation schedule agreement with your divorcing spouse.
The Texas Family Court has a standard visitation schedule for children who are three or older and whose parents live less than 100 miles apart. This schedule dictates that the parent with whom the children do not live will have them on the first, third and fifth weekend of each month; Thursday evenings; the evenings of the children’s birthdays; Mother’s or Father’s Day (as applicable); and every other major school break. In other circumstances, the court will likely implement a specialized visitation schedule.
Protect Your Parental Visitation Rights by Contacting a Katy, Texas, Family Law Attorney
Your children are always your top priority. This is never more apparent than during a tumultuous divorce process. If you are divorcing, you need an experienced Texas divorce attorney to protect your parental visitation rights and to ensure your best possible visitation schedule. To discuss your situation with a skilled and dedicated Texas family law attorney, contact The Vendt Law Firm, P.L.L.C. today. Attorney Frank J. Vendt is committed to protecting your rights to sufficient parental visitation and to shielding your children from unnecessary divorce turmoil. To schedule a consultation with Mr. Vendt, call our office today at (832) 276-9474 or send us an email through our online contact form.