Visitation
Parenting Time Schedules
A parenting time schedule establishes when visitation takes place. Because Texas courts favor having both parents being involved in their children’s lives, they typically rule on joint custody whenever possible. This means that both parents participate in decision-making when raising their children and spend time with them. However, one parent’s home is typically the primary residence. This is where their children spend most of their time. The other parent is the noncustodial parent, who has visitation, also called parenting time or possession and access.
What Is the Standard Possession Order?
The standard possession order is a parenting time order based on the Texas Family Code. It states that both parents can have possession of the child based on the agreement they make. However, if they can’t agree, then the standard possession order establishes the parenting schedule for them based on who is the custodial parent and who is the noncustodial parent.
Visitation Options
There are different arrangements that parents can use for parenting time. Options include the standard possession order and modified possession orders, including but not limited to the following:
Standard Possession
Texas has standard possession orders that provide arrangements where children alternate weekends and often spend one weekday with the non-custodial parent. For example, a noncustodial parent would have the child the first, third and fifth weekends of the month. If parents live close to each other (within 100 miles), the schedule would also include Thursday nights for the noncustodial parent every week. The noncustodial parent would have the child for 30 days out of the summer vacation. Parents would alternate spending time on holidays every other year.
50/50 Possession or
Week On/Week Off Schedule
When parents share custody, they can arrange a schedule that alternates weeks of possession. The child would spend one week with one parent. The next week the child would spend with the other parent. This enables parents to spend equal amounts of parenting time without interruptions. In addition, there is only one drop-off exchange that takes place each week. The downside is you don’t get to see your children for a whole week when they’re with the other parent.
2-2-5 Schedule
Another way of dividing time equally is called a 2-2-5 schedule. For example, one parent has the children every Monday and Tuesday. The other parent has them every Wednesday and Thursday. Each week, parents alternate spending time with the child on Friday through Sunday. The benefits of this schedule is both parents get to spend time with their children during the school week. They also get to experience having them on weekends. However, there are more drop-off exchanges with this schedule. Also, one parent will go for five days without seeing their child.
Supervised Visitation
When the court believes a child could be in physical danger or experience emotional harm under a parent’s care, they may order supervised visitation. Typically, a third party would be present during visitation, such as another family member, a neutral third party or an agency. When parents use an agency, the parent having visitation must pay the agency fee. In most instances, a court would order supervised visitation when the parent has a history of domestic violence during the two years previous to the case that was filed. Courts restrict access when they believe a parent might harm their child. It is rare, but in some cases, courts completely deny visitation if it is best for the child.
Discuss your concerns or issues with visitation
Let’s discuss your concerns about visitation and determine what would be in your child’s best interest. We’re happy to answer your questions, help you devise a parenting plan that serves your child’s needs, and negotiate an agreement with the other parent. If you can’t reach an agreement, even through mediation, we can represent you in court.
Call 940.566.0606 to schedule an appointment.
Reach out to us
DTX Family Law
525 S. Locust Street, Ste. 100
Denton Texas 76201
Phone: 940.566.0606