713-333-4430How a Child’s Age Shapes Custody and Visitation in Texas
While many states don’t adjust custody expectations and recommendations based on age, Texas does. If you’re new to co-parenting or navigating a split, it’s important to understand how your child’s growth may affect your custody schedule. If you feel that the state’s recommendations are inappropriate, it’s also helpful to understand what it will take to rebut those recommendations. Working with a Texas child custody lawyer throughout this process can help you work towards a custody agreement that serves your child’s best interests.
At Boudreaux Hunter & Associates, LLC, we are passionate about helping families find solutions that fit their unique needs. Attorney Shannon L. Boudreaux strives to help clients reshape their lives and futures through fair and enforceable family law agreements. As a child custody attorney, she understands how stressful these disputes can be and aims to make your case as peaceful as possible. Call our child custody law firm at 713-333-4430 to schedule a consultation with our team now.
How Texas Courts Decide Custody and Visitation
Under the Texas Family Code, the terms “conservatorship” and “possession and access” replace “custody” and “visitation.” Like other states, Texas makes custody decisions based on what is best for the children at the center of the custody dispute. A lot of factors go into deciding what is in the best interests of a child, which gives judges a lot of flexibility when it comes to making custody decisions. Some of the factors that are used include each parent’s relationship with the child, each parent’s ability to provide a stable environment, how well each parent can communicate with the other, and the type of home environment that each parent provides. And, in Texas, age also plays a role. The visitation schedule generally recommended under Texas law is referred to as the Standard Possession Order. The Standard Possession Order gives the non-primary parent the first, third, and fifth weekends of each month, as well as each Thursday evening during the school year. It goes into greater detail regarding summers, holidays and school breaks.
However, the Standard Possession Order isn’t a good fit for everyone—in fact, some feel it doesn’t meet the needs of most Texas families. Find out what state law says about each age group’s needs.
Infants and Toddlers
There is not a Standard Possession Order for infants and toddlers. Infants and toddlers are still developing their emotional and physical bonds with care providers, and due to the nature of those bonds, the court prefers that the child spends shorter periods of time away from their primary caregiver. They generally recommend limited or no overnight visits to avoid disrupting a child’s sense of security and safety. If they do recommend overnights, they may gradually work up to them and slowly increase the number of overnights as the child becomes more comfortable. A child custody lawyer can help you advocate for what is best for your child.
Preschool and Elementary Age Children
Texas law follows the presumption that the Standard Possession Order will go into effect when a child turns age three. Children age out of the infant and toddler schedule at age three, at which point the court starts focusing on building the child’s stability and structure at both parents’ homes. By this age, children can typically spend one or more nights away from their primary parent without significant stress or trauma, so the court will recommend the Standard Possession Order. Factors that may determine the schedule include the child’s daycare or school schedule, each parent’s ability to stick to a regular schedule, and the distance between the parents’ homes.
Preteens and Teens—How Custody Evolves
At this stage of development, flexibility is a crucial aspect of custody. Preteens and teens have more independence than younger children, busy schedules that may include work and extracurriculars, and busy social lives. It is important for parents to work together to accommodate their teen’s busy life. But, if the parents cannot come to agreements, the non-primary parent will still have the Standard Possession Order.
Contact Our Child Custody Law Firm Now!
At Boudreaux Hunter & Associates, we understand how changes in custody and visitation schedules can lead to anxiety and uncertainty. Our goal is to help you navigate these changes with ease and peace of mind. Contact us online or call us at 713-333-4430 to discuss your case now.
Shannon L. Boudreaux is a passionate advocate for her clients, working on their behalf to help them reshape their lives, their families, and their futures. For two decades, she has helped reunite parents with their children and helped clients negotiate contentious custody disputes. Learn more here.
