When determining visitation for the children of divorced or separated parents, the court’s first consideration is the well-being of the child. 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. When approaching such a change, there are many factors for parents to take into consideration. It is important to enlist the assistance of an attorney who can provide legal guidance about options and help families navigate this process.
At Sandoval Law Firm we understand the stress of dealing with divorce, child custody and domestic violence. Our firm consists of founding attorney Raul Sandoval Jr. and a dedicated support staff. Mr. Sandoval earned his law degree from Texas Tech University School of Law. Since that time, he has been practicing family law in the Austin area, as well as teaching seminars, classes and other forms of professional development.