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Mom Versus Dad Who Gets the rights? - Custodial Rights Vs. Non-Custodial Rights in Texas

Who gets the rights to the child?

In a typical Texas Divorce, the parents of a child will either agree to dividing up the rights and duties each party has or a Court will order a division for them.

The details of each particular divorce notwithstanding, the starkest contrast between each parent is in regard to which parent is able to determine the primary residence of the child. This parent, known as the custodial parent, has the child under their roof more often than not. The other parent, known as the non custodial parent, will follow a schedule of possession and access either set by the parties or the Court.

Best Interest of the Child

The best interests standard is how a Court will determine visitation with both parents. Stability of the home, finances, school related activities and the age of the child are all factors that are considered by the Court.

If the child is over the age of twelve, their preference is considered by the Court as well. Texas Courts have what's called a "Standard Possession Order" (often abbreviated as an SPO) or an expanded Standard Possession Order that will often times go into effect in a final order from the Court.

Standard Possession Order

Without delving into too much detail, a Standard Possession order or a SPO entails visitation for the child with the non custodial parent on the first, third and fifth weekends of each month typically from 6:00 p.m. on Friday until 6:00 p.m. on Sunday, thirty days of time in the summer and holidays that alternate each year.

An expanded SPO allows the non custodial parent to have extended visitation with the child as compared to the normal possession order. Practically speaking this means being able to pick the child up from school to begin their weekend of possession and to take the child to school the following Monday.

While a non custodial parent under a SPO has the right to visit the child from 6:00 p.m. to 8:00 p.m. on Thursday each week, the expanded order holds that the child may be picked up from school on Thursday and returned to school on Friday. While these expansions may seem minimal, taken over the course of the year it can amount to a substantial gain in time with the child for the non custodial parent.

Enforcement of a Court's Orders

An important item to point out is that just because the custodial parent has physical custody of the child more often than the non custodial parent, that doesn't mean he or she has the ability to deny the non custodial parent visitation, possession or access to the child. Parents who are being denied visitation by a custodial parent have the ability to file for an enforcement of the Court orders to ensure they are able to spend time with their child.

The attorneys with the Law Office of Bryan Fagan represent persons with children involved in custody disputes and divorces. Please contact our office today to learn more about how we can help you and your family.

LAW OFFICE OF BRYAN FAGAN | SPRING, TX DIVORCE LAWYERS

If you are contemplating filing for divorce, or have you been served with divorce papers, mediation will probably be required at some time during the suit. Choosing an appropriate mediator, properly framing the important issues, and negotiating with the opposing party are all important skills for the family lawyer you choose to handle your case.

Our Spring, TX Divorce Lawyers are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form.Law Office of Bryan Fagan handles Divorce cases in Spring, TX or surrounding areas, Conroe, Texas, The Woodlands, Texas, including Harris County, Montgomery County, Washington County, Grimes County, Fort Bend County and Waller County.

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  • Frequently Asked Questions

    Our blog features a wealth of knowledge pertaining to some of the most frequently asked family law questions.

    Read More
  • Sign Up For Our Free E-Course

    Click here to sign up for our free E-Course on Divorce! It has been specifically created to help people who are considering divorce and wish to learn more about the divorce process

    Sign Up Now
  • Schedule Your Free Consultation Now

    Schedule a risk-free consultation today and we can assess your case.

    Book Now
  • Meet With a Finance Specialist

    Discuss payment plan options and more with a finance specialist.

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Contact Us

Law Office of Bryan Fagan
Spring Divorce Attorney
Located at: 17101 Kuykendahl Rd,
Houston, TX 77068
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Phone: (281) 810-9760
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.