Guiding You Through Complex Legal Matters

Guiding You Through Complex Legal Matters

Will I still get to see my child if my spouse wins custody?

On Behalf of | Oct 8, 2024 | Family Law

In Texas, even if one parent wins primary custody of a child, the other parent usually still has the right to maintain a relationship with the child. Your court-approved visitation schedule will facilitate this relationship even after the divorce. 

Texas law recognizes that both parents should remain involved in a child’s life unless there are significant reasons that would make visitation harmful to the child.

Understanding possession in custody situations

Custody in Texas can fall into one of two main categories: conservatorship and possession. Conservatorship refers to the rights and duties a parent has over their child, such as making decisions about the child’s education or healthcare. Possession refers to the time a parent spends with the child. When one parent wins primary custody, that means the court has named them the primary conservator. However, the other parent typically receives a visitation schedule, also called possession and access.

The limitations of a standard possession order

Texas courts use a standard possession order to outline when and how the noncustodial parent can see the child. This schedule includes specific days, holidays and vacation times. The court considers factors such as the child’s age, distance between the parents and school schedules when determining the visitation plan.

In some cases, a judge may deviate from the standard possession order. This could happen if there are concerns about the child’s safety, such as instances of abuse or neglect. In those situations, the court may require supervised visitation, which means the noncustodial parent can only see the child under the supervision of a neutral third party.

The primary goal of the Texas family court system is to act in the child’s best interest. While visitation schedules and possession orders may feel limiting, they also serve to ensure your rights to see your child even if you are not the primary conservator.