What is residency restriction?
Residency restriction orders dictate where a child or children are allowed to live geographically, and allow both parents to have frequent and continuous access to their children.
What is a Standard Possession Order?
The Texas Family Code requires visitation schedules to provide a stable and consistent experience for the child and limit disruption and negative impact on the child’s life.
To that end, courts typically default to what is called a Standard Possession Order. For non-primary, non-custodial parents, this is usually outlined as visitation
- Every other weekend (typically the 1st, 3rd and 5th weekend of every month)
- Every Thursday during the school term
This schedule, as well as allowances for summer breaks and holidays, allows children to spend 43-45% of overnight time with the non-custodial parent. The schedule can sometimes be extended to include Thursday overnights, or allow for the weekend visitation to end on a Monday morning.
In cases where parents wish to divide time more evenly or create a visitation schedule that deviates from the default, they can request changes through the court.
What Should I Do if a Co-Parent is Threatening to Take My Child?
If a co-parent is threatening to take your child, you first need to determine whether you or your child is in immediate danger. If you are, call 9-1-1 immediately. If the police are unable to take action because they view your situation as a civil matter, seek the help of an attorney. Your attorney can help you get a prompt hearing before a judge who can provide an emergency order.
What is Conservatorship?
Conservatorship determines who is making decisions on behalf of a child or children. Sometimes a conservatorship designates guardianship over an adult who is deemed incapable of making important decisions or caring for themselves.
