December 5, 2022

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What Are Your Rights As a Non-Custodial Parent?

Non-custodial parents are parents who don’t have primary custody of their children. However, this doesn’t mean that they do not have legal rights. Because as parents, they are a very crucial part of their children’s lives.

Custodial parents, known as managing conservators in Texas, have the legal right to choose where their children should live. This legal right is called conservatorship or custody. Non-custodial parents or possessory conservators have the right to spend sufficient time with their children and know their children’s whereabouts. These rights are called possession or visitation and access in TX.

What You Need to Know About The Standard Possession Order

In Texas, the standard possession order determines the rights of non-custodial parents. Courts use this order to organize the most suitable child conservatorship, access, and possession terms in accordance with the child’s best interests. The order outlines the basic conservatorship schedule for co-parents and normally includes these key points:

  • The non-custodial parent can have the child for two non-consecutive weekends of the month. They should take the child at the end of the school day on Friday and relinquish possession of the child on Monday after the end of the school day.
  • Both parents must split holidays equally with the child and alternate holidays every other week, such that one parent has the child for Christmas one year, and the other gets the child next year.
  • The non-custodial parent can have possession of the child for at least 30 days during summer break.

If the parents reside within 100 miles of each other, the non-custodial parent can:

  • Visit the child every other weekend of each month and Thursday afternoons once weekly
  • Have the child for at least 30 days during summer break
  • Have custody of the child on alternate holidays

If the parents reside more than 100 miles away from each other, the non-custodial parent can:

  • Visit the child every other week each month
  • Have custody of the child on alternate holidays
  • Have the child for an extended period (more than 30 days) during summer break

While parents can deviate from the order, it provides a solid starting point for co-parents who want to establish the best custody arrangement specific to their case. But even parents who have been co-parenting peacefully can have issues down the line.

If the primary conservator deviates from what both parents initially agreed to regarding access and possession rights, you have the option to seek a modification to establish a more clearly defined access and possession schedule.

Seek Legal Advice From an Experienced San Antonio Family Law Attorney Now

Child custody and visitation matters are vital and usually require the expertise of family law attorneys to help make certain that the needs of your family are taken care of in the best way possible. If you need advice or are having issues with your child custody or visitation arrangement, don’t hesitate to reach out to the San Antonio family law attorney of Hoelscher Gebbia Cepeda PLLC. Contact us online or call 210-222-9132 to set up your case evaluation.