Understanding Texas Child Custody & Visitation

If you’re a parent in McKinney, Texas, and facing challenges related to child custody and visitation, it’s important to understand how Texas law works. From legal terminology to court procedures, knowing your rights will help you make the best decisions for your child.

What Is Child Custody in Texas?

Under Texas law, child custody is referred to as “conservatorship.” The court determines conservatorship based on the best interest of the child. In most cases, parents are named “joint managing conservators,” which means they share rights and duties regarding the child’s upbringing.

Occasionally, one parent is named the “sole managing conservator” if the court believes that is best for the child’s safety or wellbeing. The other parent may then be named a “possessory conservator.”

You can learn more about how Texas defines child custody by reading the Texas Family Code Section 153.

Types of Conservatorship

• Joint Managing Conservatorship: Both parents share rights and responsibilities. This is the court’s default choice unless there’s evidence it’s not in the child’s best interest.
• Sole Managing Conservatorship: One parent has the legal authority to make major decisions for the child.

Regardless of the arrangement, the court will usually establish a visitation schedule, known in Texas as a possession order.

What Is Visitation?

Visitation, or “possession and access” in Texas terms, refers to the time a non-custodial parent spends with the child. The court encourages ongoing contact with both parents, unless it would harm the child.

Standard visitation usually includes first, third, and fifth weekends of each month, holidays, and extended summer visits. Parents in close proximity to each other and able to communicate well may receive an expanded schedule.

How Is Custody Determined?

Custody decisions are based on factors such as:

• The child’s emotional and physical needs
• Each parent’s ability to care for the child
• Past or present violence or abuse
• The stability of each home environment
• Preference of a child aged 12 or older

Ultimately, the court seeks to ensure a safe, stable, and loving environment for the child. Legal representation can help you present a strong case during custody hearings. Learn more about your options by visiting Landers Family Law Firm.

Modifying Custody and Visitation Agreements

Life changes, and custody arrangements can be modified if it’s in the child’s best interest. A parent may request a modification due to:

• Relocation
• Changes in work schedule
• Concerns about the child’s welfare
• Agreement by both parents

Modifications require court approval. It’s best to work with a qualified family law attorney to navigate this process.

Enforcing Visitation Orders

If one parent refuses to follow a custody or visitation order, the other parent can seek enforcement through the courts. This may involve filing a motion to enforce the order. Violating these orders can lead to fines or jail time.

If you’re experiencing visitation interference, contact Landers Family Law Firm to discuss your options.

Tips for Co-Parenting in Texas

Successful co-parenting takes patience and communication. Consider these best practices:

• Keep open and respectful communication with your co-parent
• Follow the court order faithfully
• Be flexible and child-focused
• Use written communication for clarity when needed
• Attend mediation if conflicts arise

Resources and legal support are available to help McKinney families manage shared parenting within the law.

Do I Need a Child Custody Attorney?

Texas child custody and visitation cases can be emotional and complex. Having the support of an experienced family lawyer can protect your rights and your child’s best interests. A lawyer will help draft parenting plans, represent you in court, and seek favorable outcomes.

The team at Landers Family Law Firm in McKinney understands Texas custody laws and will guide you through each step. Whether you’re starting a custody case or seeking a modification, professional legal help can make all the difference.

Contact Landers Family Law Firm

Are you in the McKinney area and facing child custody or visitation issues? Reach out to a local legal team that cares about your family’s future.

Contact Landers Family Law Firm to get started.