Possession and Access

Home / Practice Areas / Family Law / Possession and Access

Possession and Access Attorney in Fort Worth

It’s important for individuals facing issues related to possession and access in Texas to consult with a family law attorney. We can provide personalized advice, help negotiate agreements, and represent your interests in court if needed. 

How is Possession and access Determined in Texas

In Texas, the terms “possession and access” typically refer to child custody and visitation rights in family law cases. The determination of possession and access in Texas is based on the best interests of the child, and the legal framework is outlined in the Texas Family Code.

Factors that Determine Possession and Access in Texas

Best Interests of the Child

The primary guiding principle is the best interests of the child. Texas courts make decisions with the goal of ensuring the child’s physical, emotional, and mental well-being.

Standard Possession Order (SPO)

Texas has a Standard Possession Order that serves as a default schedule for visitation. This schedule outlines the time each parent spends with the child, including weekends, holidays, and extended summer periods.

Joint Managing Conservatorship

Texas prefers joint managing conservatorship, where both parents share decision-making rights and responsibilities. However, the residence of the child may be primarily with one parent (the managing conservator) while the other parent has visitation rights.

Factors Considered by the Court

Courts consider various factors when determining possession and access, including the child’s age, each parent’s ability to provide a stable environment, the child’s relationship with each parent, and any history of domestic violence or abuse.

Mediation

Before going to court, parents are often required to attend mediation to attempt to reach an agreement on possession and access. If an agreement is reached, it can be submitted to the court for approval.

How can a Possession and Access attorney help me?

A possession and access attorney can provide invaluable assistance in navigating the legal complexities surrounding child custody and visitation matters. Here are several ways Crocker Russell & Associates can help you:

Legal Expertise: Possession and access laws can be intricate and vary by jurisdiction. We specialize in family law and possess the necessary legal expertise to guide you through the relevant statutes and regulations, ensuring that you understand your rights and responsibilities.

Personalized Advice: Every family situation is unique. We can assess the specific details of your case, taking into account factors such as the child’s best interests, parental capabilities, and any relevant circumstances. We can provide personalized legal advice tailored to your situation.

Negotiation and Communication: We can serve as your advocate during negotiations with the other parent or their legal representation. Skilled in communication and negotiation, they can work to achieve a fair and workable agreement that meets the needs of both parties and, most importantly, prioritizes the well-being of the child.

Court Representation: If your case proceeds to court, we can represent you effectively. We will present your case, argue on your behalf, and ensure that your rights are protected. 

Mediation Assistance: Many possession and access cases involve mandatory mediation. We can guide you through the mediation process, helping you articulate your position, understand the implications of proposed agreements, and work towards resolutions that align with your goals.

Enforcement or Modification: If circumstances change after the initial possession and access order is established, such as a parent relocating or a change in financial situations, we can assist in seeking modifications to the court order. Additionally, if the other parent is not complying with the order, we can help with enforcement actions.

Contact a Trusted Family Law Attorney

At Crocker Russell & Associates, our team of dedicated attorneys boasts extensive experience in handling a diverse range of child custody disputes. We recognize that each family situation is unique, and our commitment is to provide tailored legal solutions that prioritize the best interests of the child.

Frequently asked questions about child custody

The best interests of the child standard is widely used in family law to guide decisions related to custody arrangements. The Judge may consider factors such as the child’s age, emotional and physical well-being, stability of the home environment, each parent’s ability to provide care, and the child’s relationship with each parent are among the criteria that courts typically evaluate.

Unless the other parent moves out of the geographic restriction or lives out of the state, it’s not likely that the Judge will allow you to move out that far away from the other parent.

In Texas, the standard holiday possession visitation schedule is outlined in the Texas Family Code.  Keep in mind that parents can agree to different arrangements or, if necessary, the court may order modifications based on the best interests of the child. Here’s an overview of the standard holiday possession schedule in Texas:

  1. Thanksgiving:

    • Typically, the possessory conservator (non-primary parent) has the child for Thanksgiving in even-numbered years.
    • The managing conservator (primary parent) has the child for Thanksgiving in odd-numbered years.
  2. Christmas:

    • The Christmas holiday is divided into two parts.
    • The possessory conservator generally has the child from either the day school is dismissed for the Christmas vacation until noon on December 28th (in even-numbered years), or from noon on December 28th until school resumes (in odd-numbered years).
    • The managing conservator has the child during the other part of the Christmas holiday.
  3. Spring Break:

    • The possessory conservator usually has the child during the entire spring break in even-numbered years, and the managing conservator has the child during odd-numbered years.
  4. Summer Break:

    • The standard possession order allows the possessory conservator a 30-day extended summer possession, beginning the day after the child’s school year ends.

 

Other Practices

Speak to an Attorney

What our clients say

Contact Crocker Russell & Associates

Securing the services of Crocker Russell & Associates for matters involving possession and access with your child is essential for safeguarding both your parental rights and your child’s well-being. An experienced family law attorney brings a deep understanding of the legal intricacies surrounding custody, visitation, and parental rights. 

Tell us about your case