Understanding The Basics Of Child Visitation

The conservatorship of children is often the most emotionally difficult aspect of any divorce, and deciding where and with whom the children will live is a huge undertaking. Child visitation (also referred to as conservatorship) and support affects children for years to come, so it’s imperative that the presiding judge understands your situation fully. An attorney who is experienced in family law can make the entire process go more smoothly for everyone involved.

Every aspect of the process to formalize child visitation or custody is based on the court’s determination of what is in the best interest of the child or children in question. The two basic types of conservatorship are “joint” and “sole.” Joint conservatorship focuses less on where the child will live and more on making sure that both parents have a say in how the child is raised and educated. This can also include medical, dental, religious, and other decisions. Sole conservatorship indicates that one parent or guardian will make these decisions and provide residence for the child or children. In a sole conservatorship situation, non-custodial parents may have child visitation on a set schedule, and may also make support payments, although failure to make child support payments does not affect the non-custodial parent’s right to visitation. Judges prefer that both parents stay involved and seek joint conservatorship.

Texas law is specific about the types of child visitation that non-custodial parents can enjoy. These may include standard possession orders for visits on weekends, holidays, birthdays, summer vacations, or spring breaks. While child visitation is primarily for parents, grandparents may petition for visitation rights under certain circumstances too. Children over the age of twelve may also have a say in which parent they live with. Child visitation is easier to navigate with the guidance and support of an experienced family law specialist, so enlist the help of a family law attorney to fully understand your rights in every situation. Call Espronceda Law today to get started on your case.



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