When parents no longer live together, they need to make arrangements for possession and access to the children. Custody and visitation are among the most litigated issues during a divorce or separation.
Both parties typically want as much access to the children as possible. While that may be in the parent’s best interest, it is not always in the child’s, which is the guiding standard for any decisions in a suit affecting the parent-child relationship.
The state begins with a standard possession order, which is presumptive for access to children over the age of three. However, the standard possession order is not guaranteed. The court will look at other factors when determining visitation rights in Frisco.
A skilled visitation attorney could help you understand those factors and how they might impact your rights involving time with your children. Call our law office today for more information.
According to the legislature, the standard possession order is in the best interests of most children. There are two versions of the standard possession order—one for families where the parents live less than 100 miles apart and one where the parents live more than 100 miles apart. When the parents live more than 100 miles apart, the non-custodial parent can choose between the standard and modified orders.
The standard order gives the non-custodial parent visitation on the month’s first, third, and fifth weekends. Visitation begins at the end of school on Friday or at 6:00 p.m. and concludes on Sunday at 6:00 p.m. In addition to those weekends, the non-custodial parent gets access from when school gets out or from 6:00 p.m. to 8:00 p.m. on Thursday nights.
In addition, courts can order an extended standard possession schedule, which gives them the same weekends but extends the time from the end of the school day—or 6:00 pm—on Thursday through the time school starts Monday morning. It also gives the non-custodial parent overnight visits on Thursdays during the weeks that they do not have weekend visitation.
When the court determines whether a standard, extended standard, or a custom visitation schedule is appropriate, it will consider the child’s best interests over the parents’ opinions on what they think is right.
When deciding whether to grant standard visitation or a custom order, the court looks at several factors, including the following:
The combination of those factors will determine the period of access, including whether visitation is supervised.
The court looks at the child’s physical and emotional needs, which may depend on age, maturity, and other factors. The child’s needs are more important than the parent’s preferences, but—when possible—the courts will suggest a plan that transitions a child towards at least the standard visitation order.
The parents’ abilities are equally important. The greater the stability a parent can provide, the more likely they will have extensive access to the child. However, the parents do not have to provide stability on their own—they can get help from the family. Call a Frisco lawyer to learn more about the legal process of determining visitation rights.
Courts work hard to ensure that parents have access to their children after a divorce or separation. They almost always order visitation, though the visitation may be supervised.
If you have additional questions, consult an experienced family attorney to discuss determining visitation rights in Frisco.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
