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What is Texas “Expanded Standard” Visitation?

What is “Expanded Standard” Visitation?

The most important issue that many parents face in a divorce or child custody case is how much time they will ultimately have with their child. In these situations, parents must make decisions about the rights and duties that they will each have over their child, along with the possession schedule that the parents and child will follow. If the parents are unable to come to an agreement on these terms, then a court will make a ruling on the issues. In many cases, one parent is appointed as the “custodial” or “home-base” parent who determines the primary residence of the child. The other parent, the “non-custodial parent,” follows a possession schedule over the child.

The most common possession schedule for non-custodial parents is called the Standard Possession Order. It grants the non-custodial parent time with the child every Thursday evening during the normal school term, and every first, third, and fifth weekend of each month beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday. In addition to these times, the non-custodial parent is awarded 30 days in the summer months, a week during Christmas break, and alternating spring break and Thanksgiving holidays.

The Standard Possession Order is presumed to be in the best interest of the child in all Texas family law cases, unless one party produces evidence to the contrary. While the Standard Possession Order is the most widely used schedule, it is important to note that it is the minimum amount of time that courts deem  appropriate between a child and the non-custodial parent. If a parent wishes for the non-custodial parent to receive more time with the child, he or she should ask the court to grant them Expanded Standard Visitation under the Texas Family code (§153.317).

Expanded Standard Possession allows for a non-custodial parent to make certain elections to extend the duration of the standard possession order. These elections are:

WEEKENDS: The non-custodial parent can choose to pick up the child when school is dismissed on Friday and/or return the child when the child’s school resumes the following Monday.

THURSDAYS: The non-custodial parent can choose to pick up the child when school is dismissed on Thursday and/or return the child when the child’s school resumes the following Friday.

            HOLIDAYS: Expanded Standard also lengthens the time available for holiday periods of possession (Christmas, Thanksgiving, Mother’s Day, Father’s Day, and so forth), and for extended weekends due to holidays.  

The benefit of Expanded Standard to many non-custodial parents is that it creates a period of uninterrupted visitation for four nights, lasting from the end of school Thursday through the following Monday morning for the non-custodial parent’s weekend possession. This duration can be beneficial to increasing a child’s bond with the non-custodial parent.

If a parent does not elect Expanded Standard Visitation under the Texas Family Code, then their claim to it is waived and he or she may not retroactively elect it after the Order is entered. Therefore, it is important to discuss this option with an experienced Texas Family Lawyer to help you enter a possession schedule that works for you and your family.

If you have questions about possession schedules in a child custody or divorce case, contact the Wright Lawyers at 972-353-4600 or visit us on the web at www.thewrightlawyers.com 

Black Market Baby!

Many parents feel like they are not up to the task of raising their child, but would you ever consider putting a baby up for sale? Young mother Bridget Wismer allegedly had an agreement to sell her newborn son to an unrelated single man John Gavaghan for $15,000. Wismer reportedly does not believe she did anything wrong.  She had been permitting Gavaghan keep her son at night, and had also been calling on him “whenever she needed something for the baby.” 

According to Wismer, she and Gavaghan did not have an “organized” relationship or agreement, but rather he had just informally agreed to help her raise her child.  Police however allegedly have surveillance footage of Wismer and Gavaghan signing a contract for the purchase of the baby.  As one would expect, sale of babies is a crime in Wismer’s home state of Delaware.   Wismer and Gavaghan are facing charges of Dealing in Children and Conspiracy.  The baby is currently in foster care.

Texas law prohibits the sale of children, too.  Under Texas Penal Code Section 25.08, it is a second degree felony to sell or purchase a child.  However, you CAN have payment arrangements for legal fees and fees charged by a child-placing agency as part of a legitimate adoption without it being considered “sale of a child”.

Are you trying to adopt (not buy) a child?  The Wright Firm can help you with your adoption case.  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Original story can be found here: http://philadelphia.cbslocal.com/2011/10/04/police-delaware-mom-agreed-to-sell-newborn-to-philadelphia-man/

 

Can A Texas Child At The Age Of 12 Tell The Judge Where They Want To Live?

In Texas, children do not get to choose who they will live with; however, children who are at least 12 years old can tell a judge where they want live. The Texas Family Code allows a judge to interview a child 12 years of age or older to determine the child’s desires as to which parent should have the exclusive right to determine the child’s primary residence. Either party in the suit can request a judge to confer with a child. Once a request is made for a judge to confer with a child, the judge is required to talk with children 12 years of age and older and has the discretion to talk with children under the age of 12. The judge may or may not follow the child’s wishes.  The judge’s decision will be based on the best interest of the child.

For more information contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.