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Dallas Divorce Lawyer Child Issues Site Links
Click on the link below that will take you to the topic of your interest.
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Dallas Child Visitation:
Visitation, what we call Possession and Access in
Texas, can be one of the most trying experiences for both parents and children.
The
Dallas Child Visitation
page contains some practical advice and guidelines
on implementing and carrying out a visitation schedule. As an aside, Texas
calls the visitation order a Possession and Access Order because it is not
visitation that is being ordered for one parent; it is, however, an order that
gives one parent a right of possession and access to the exclusion of the other
parent for certain periods of time as set forth in the order. Put another way,
each parent will have a right of possession to the exclusion of the other parent
during periods of time. On the first weekend of the month, for example, the
nonprimary has the right of possession to the exclusion of the other parent. If
one parent denies the other parent possession, that parent is contempt of court
and subject to a Motion for Enforcement. This can result in fine, judgment for
attorney's fees, and jail.
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Geographic
Restrictions:
Almost all divorce or paternity decrees will
contain a "geographic restriction." In the custody case the parents are
fighting for the right to designate the residence of the child subject
to a geographic restriction. Although the appellate courts
state that there is no standing geographic restriction order, our
experience has indicated that most courts will impose one. That said,
however, given the right circumstances and the right facts an order may
be entered that does not contain a geographic restrictions or the
geographic restriction in an existing order may be lifted.
The Texas Standard
Possession Order is by far and away the most common possession or
visitation schedule in Texas. We have reprinted the Standard
Possession Schedule here along with some comments and annotations.
Note, the expanded Texas Standard Possession Schedule simply means:
overnight possession/visitation on each Thursday night and the first,
third and fifth weekend commencing when school lets out and ending when
school resumes on Monday. it is expanded. By the way, the primary gets
the second and forth weekend. Generally, the Texas Standard
Possession Schedule is almost 50/50 (really about 45/55) between the
primary and nonprimary parent conservators. The custody fight will be
over about 20 days of possession across the year. The Texas
Standard Possession Schedule is about providing stability for a child
and as much and as frequent possession as possible between the parents.
The Jackson
Law Firm, P.C.
Dallas Divorce Lawyers
214-369-7100
E-Mail Dallas Divorce Lawyer
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