Protecting Your Family's Future

Visitation and Co-Parenting in Texas

Visitation vs. Co-Parenting

Visitation and Co-Parenting in TexasIn Texas, as in other states, courts in custody proceedings give priority to the “best interests of the child.” The courts also distinguish between physical custody (now called “managing conservatorship” in Texas) and legal custody. Managing conservatorship or physical custody refers to the actual physical residence of the child. Legal custody addresses the rights of the parent to participate in decisions regarding the child’s welfare, such as medical, educational, religious or other special needs.

With respect to physical custody, courts in Texas prefer to grant “joint managing conservatorship,” where both parents have access to the child, and the child spends some time in the home of each parent. In many instances, the child will spend a greater amount of time with one parent, who is labeled the “primary joint managing conservator,” or custodial parent. The other parent is customarily granted visitation (now referred to as “access”) with the minor child.

There is no “standard” co-parenting arrangement, though. The parents are typically free to work out agreements, such as alternating weeks with each parent, provided the court finds that such an arrangement is not disruptive to the child. Parents also have the ability to negotiate all other issues related to custody and visitation, from holidays and vacations to participation in extra-curricular activities.

If the parents cannot work out an acceptable arrangement, the court will order conservatorship and access, based on a number of factors, including:

  • The stability of each home
  • The fitness of each parent
  • The current and prior relationship between parent and child
  • The physical and emotional needs of the child
  • The input of the child, if the child is 12 year of age or older

Contact Us

At the law office of Linda Stewart Law, PLLC, in Baytown, we bring more than 10 years of experience to clients in south Texas. To learn how we can help, call our office at 281-420-8020 or contact us online.

We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our office is open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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