Determining child custody after divorce can be quite stressful. If one or both parents cannot seem to agree on a suitable custody schedule for their children, the case can drag on for months. Parental rights, which define the duties and responsibilities of each parent to their children, are center stage when it comes to child custody cases.
However, understanding and enforcing parental rights can be difficult, especially without the help of family law lawyers.
Understanding Child Custody
Simply put, child custody refers to a legal arrangement that describes a parent’s legal and practical relationship with their child. It encompasses physical custody, which determines where the child spends most of their time, and legal custody, which grants parents the right to decide their children’s lives, such as where they study and their religion.
If you and your co-parent can communicate amicably, a Houston family law firm can help you create a child custody agreement without long court battles. But if the case does head to court, the judge will consider the following factors before determining which parent gets custodial or non-custodial custody;
- The parent’s wishes
- The children’s wishes
- The parent’s relationship with the child
- Which parent was the primary caregiver
- The parents’ finances
- Allegations of neglect or abuse
- The impact the arrangement will have on the child
What Are the Rights of a Non-Custodial Parent?
In Texas, a non-custodial parent is also called a possessory conservator. A non-custodial parent does not have physical custody of their child, hence the name, but they retain some legal rights. This means that while they lose the right to decide where their child lives, they still have the right to know their whereabouts and spend time with them.
Even if the court assigns both parents physical custody, the parent who spends the least time with the child will be considered the non-custodial parent. When there are documented cases of abuse or violence against the parent, the court will strip the non-custodial parent of their parental rights.
The custodial parent will be granted sole legal and physical custody in such cases.
Visitation Rights
Non-custodial parents in Texas who live within 100 miles of their child have the following rights;
- Visitation every Thursday evening
- Visitation on every first, third, and fifth weekend
- At least 30 days during summer vacation
- Alternating holidays
If the parents live more than 100 miles apart, the non-custodial parent will have the following rights;
- Visitation on the first, third, and fifth weekends of the month. This may be brought down to 1 weekend a month
- Alternating holidays
- At least 42 days of summer vacation and every spring break
Contact Eaton Family Law Firm
Each child custody arrangement is handled on a case-by-case basis, with the child’s best interests being the first consideration. Reach out to a Houston family law firm if you believe your rights as a non-custodial parent are being infringed, or you would like to update your custody schedule.
We have over 20 years of experience handling child custody cases. Our family law lawyers are committed to providing expert and compassionate legal service. Contact us today at (561) 420 – 8500 for a case review.
