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VISITATION

In Texas, "visitation" is broken down into two separate rights - possession of and access to the child. For possession of and access to the child, Tex. Fam. Code Sec. 153.251 states, "[i]t is the policy of [the] state to encourage frequent contact between a child and each parent for periods of possession that optimize the development of a close and continuing relationship between each parents and child. It is preferable for all children in a family to be together during periods of possession." The presumption is that the parties will either share possession in equal periods of time or one parent will have primary possession of the child with the other possessory conservator having possession of the child pursuant to the Texas Family Code's Standard Possession Order. The Texas Family Code's Standard Possession Order includes the following:
  1. "If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows:
    1. On weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday; and
    2. On Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., unless the court finds that visitation under this subdivision is not in the best interest of the child." Tex. Fam. Code Sec. 153.312.
    The Standard Possession Order also includes provisions for holidays and summer vacation. If you are concerned about conservatorship or possession of your child(ren), contact our office today for an initial consultation.

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