When it comes to divorce, many parents worry whether they will get enough time with their child or children once the decree is finalized. However, despite the misinformation that may be around, in the law, each parent has an equal right to the custody of their child when they separate. Family law attorneys in Houston and all over Texas can provide the expert advice that parents need when navigating the specifics of custody and visitation law.



How Does Family Law Address Issues Related to Child Custody and Visitation?

In Texas, family law addresses issues related to child custody and visitation through specific legal frameworks and guidelines designed to prioritize the best interests of the child. Here's how family law addresses these matters:



Legal Custody

Legal custody refers to the authority to make major decisions regarding the child's upbringing, including matters related to education, healthcare, and religious upbringing. In Texas, legal custody can be awarded as sole custody to one parent (sole managing conservatorship) or joint custody to both parents (joint managing conservatorship).



Courts generally prefer to award joint legal custody unless it is determined to be detrimental to the child's welfare. It is important to note that even if one parent is granted sole legal custody, the non-custodial parent maintains the right to see and visit their child except in extraordinary circumstances.



Physical Custody

Physical custody, also known as possession and access, refers to the child's physical residence and the schedule for spending time with each parent. Texas law encourages both parents to maintain a close and continuing relationship with the child unless that is not in the child's best interests. Parents can create a custody and visitation schedule that works for their family, or the court can establish one if the parents cannot agree.



Best Interests of the Child

The guiding principle in child custody determinations in Texas is the best interests of the child. Courts consider various factors when determining custody arrangements, including the child's emotional and physical needs, the ability of each parent to provide a stable and nurturing environment, the child's relationship with each parent, any siblings who may exist, the comfort of the child in their home, school, and community, and any history of domestic violence or substance abuse in the home or wider family.



Parenting Plans

In contested custody cases, parents may be required to submit parenting plans outlining proposed custody arrangements and visitation schedules. If parents can agree on a plan, the court will generally approve it as long as it is in the child's best interests. Family law attorneys in Houston or other Texas cities can help facilitate communication between parents and draft the wording of these agreements. If parents cannot agree, the court will make custody determinations based on the evidence presented.



Mediation and Alternative Dispute Resolution

Texas encourages parents to resolve custody disputes amicably through mediation or alternative dispute resolution (ADR) methods before going to court. Mediation allows parents to work with a neutral third party to negotiate custody arrangements and visitation schedules outside of court.



Standard Possession Order

In cases where the parents cannot agree on a custody and visitation schedule, Texas law provides a Standard Possession Order (SPO) as a default schedule. The SPO outlines specific periods of possession for each parent, including weekends, holidays, and extended summer visitation. It varies depending on how far away from each other the parents of the child will live. However, parents can deviate from the SPO if they agree to a different schedule that the court also agrees is in the child's best interests.



Modification of Orders

In Texas, either parent may petition the court for a modification of custody orders if there has been a substantial change in circumstances since the original order was issued or if the current arrangement is no longer in the child's best interests. Common reasons for modification include parental relocation, changes in the child's needs, or concerns about the child's safety and well-being.



Enforcement

Texas law provides mechanisms for enforcing custody and visitation orders if either parent fails to comply. Remedies may include fines, contempt of court charges, or adjustments to the custody arrangement to ensure compliance with the court's orders.



Family Law Attorneys in Houston

Even in the case of an amicable separation, it can be useful to find out more about the law and how it applies to cases of child custody. A lawyer's expert opinion is even more important in cases where a parent wishes to protect their child from a former spouse or wants to ensure that they get enough time together with their children to continue a meaningful relationship.



Overall, Texas family law aims to protect the best interests of the child while facilitating meaningful relationships with both parents, even in cases of separation or divorce. By providing guidelines for custody and visitation arrangements and encouraging cooperation between parents, the law seeks to promote stability and well-being for children navigating family transitions.