In this video, Attorney Tony Ramirez explains the expanded possession order for parents living within 50 miles of each other in Texas. If you’re affected by a possession order and you’d like to learn more, please call our office at 800-929-1725 for an appointment. We have offices in Fort Bend County, Matagorda County, and Wharton County.
Summary of the Expanded Possession Order in Texas
Hello there, my name is Tony Ramirez, and I’m an associate attorney in the offices of Walder, Perches, Hundi, and Kerlick. My law practice is out of the Wharton office and Richmond office. Today in this video, I’d like to discuss an update in the standard possession order that you might be involved in or potentially can be involved in with certain family law matters.
In Texas, when there’s a custody issue regarding minor children, any final order will have a possession order. And in Texas, generally, for a child over the age of three, it’s going to be what’s called a standard possession order. The standard possession order is presumed to be the appropriate amount of time that the non-custodial parent, or the person who’s not going to have continuous control over the children, should be allowed to visit or spend with their kids.
Changes in Texas Law Affecting Child Custody
Before September 1, 2021, a standard possession order allowed a non-custodial parent to have visitation with their children from 6:00 PM beginning on Friday evening, all the way to the following Sunday at 6:00 PM as well. In addition, you would also be allowed Thursday evening visitation with the children from 6:00 PM to 8:00 PM.
Since September 1, 2021, there is now a new standard possession order for parents who live 50 miles or less apart. That new possession order is called an expanded possession order. The expanded possession order allows the non-custodial parent to have visitation with their children from the time they get out of school on Thursday until the beginning of school the following Monday. Hence, it allows that non-custodial parent some additional time to spend with their kids. The legislature has been moving towards this over the past couple of years to get more time with the children for the non-custodial parent.
The New Possession Order Is Not Mandatory
Although the new expanded possession order would be given automatically to a parent who lives 50 miles or less from the custodial parent, the non-custodial parent does have the ability to elect not to have the expanded visitation. The parents would then share custody according to the standard possession order before September 1, 2021.
Get the Child Custody Help You Need
If you have any issues or you’re considering filing a suit that might involve children, please give our office a call at 800-929-1725. We can help you understand how this new law could affect the possession order governing your child custody situation. You can also schedule an appointment by clicking this link and completing the form.
We have offices in Wharton County, Fort Bend County, and Matagorda County. Appointments can be in-person, online, or by phone.