Legal Question in Family Law in Texas

My boyfriend has a 11 nonth old child with an ex girlfriend. When is he able to get every other weekend visitation instead of just over night visits every 1st, 3rd & 5th week?


Asked on 4/20/10, 11:16 am

1 Answer from Attorneys

It sounds as if your boyfriend may already have custody orders in place, because 1st, 3rd and 5th weekends is what Texas calls a "standard possession order." If it helps, having the 1st, 3rd and 5th weekends actually gives your boyfriend MORE weekend possession time than if it was simply "every other weekend." You see, every time there is a 5th weekend, it means your boyfriend will have 2 weekends in a row (the 5th weekend is followed immediately by a "1st" weekend thereafter). Presuming your boyfriend does have the standard possession order in place, he should also be entitled to Thursday dinner (or overnight) visits. If he chose overnights, and exercises all of his visitation time under the standard possession orders (including Thursdays and the month of July), he will end up having his child with him almost 45% of the time. In that way, Texas is very progressive about protecting Dad's rights, and ensuring the children have a strong and healthy relationship with BOTH parents.

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Answered on 4/25/10, 1:54 pm


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