There are only a few things that are more emotional than the sight of a parent leaving a child. In movies, they become the scenes that stir up a few teardrops. In law, child custody runs beyond emotions and looks into the framework for child custody, parental relocation, and visitation.
Child custody in Texas determines which of the parents gets to make decisions concerning the child. Visitation determines which parents get to foster the child while the others visit. Child Relocation, on the other hand, refers to the possibility of relocating with the child as well as the practical framework for such developments.
As it occurs in the real world, non-custodial parents may need to relocate for several reasons. Some people need to move because of a job offer, educational opportunities, or even family responsibilities, or other extenuating life circumstances. That does not mean they are bad parents or bad people. Many times, they are doing it for the good of their children. The court recognizes this and therefore provides for visitation rights and schedules. What does a typical visitation look like for a parent who lives over 100 miles away based on Texas law?
The general rule, which is known as the Standard Possession Order, is provided in the Texas Family Code chapter 153.252. In this instance, the law is of the presumption that the Standard Possession Order is the best arrangement for the interests of any child that is at least three years of age.
It states that where a non-custodial parent lives farther than 100 miles from the child, he or she is entitled to have the children on the first, third, and fifth weekends of the month. The weekend is usually described as from 6 pm on Friday till 6 pm on Sunday. Non-custodial parents can also have their children come over during their spring holidays.
The longest time they have available is the summer holidays. During summer, non-custodial parents can spend up to 40 days with their children. This time can either be taken at a stretch or broken into shorter periods depending on the agreement of both parents and the decision of the court. Where no decision is made, the children are to stay with their custodial parents from June 15th to July 27th.
There are two variants of the Standard Possession Order. The first is for parents who live farther than a hundred miles from their children, while the other is for non-custodial parents who live within a hundred miles of their children.
The major difference is that the court grants a parent that lives closer than a hundred miles from their children an additional right to visit on Thursday evenings. A parent that lives over a hundred miles from their children does not have this privilege.
While this is the obtainable framework, the court allows parents to work within arrangements that are just convenient for them. However, the most effective arrangements are designed with the help of excellent family law experts.
At The Werner Law Group, we are experienced and passionate about seeking manageable visitation orders for our clients with focus on child benefit. We will walk you through the process of child custody and visitation. Do not miss out on visiting your children – call us today.