When you come to the time that you cannot make it work with the other parent and make that difficult and heart-wrenching decision to no longer be a family and get a divorce, the next question is: when can I see my children?
No matter how amicable the parents may be, each party normally has their own set of reasons for wanting the other to spend less time with the children. Whether or not you decide to “fight for custody,” your actions or inaction are going to have a lasting, undeniable effect on your children for the rest of their lives. Are you going to move 5 miles away or 500 miles away? Are you going to immediately move in with another person, be it a romantic other, a roommate, your parents? Are your working hours going to prohibit you from having meaningful contact with your children? Do not make the mistake of assuming that you are going to automatically get what we call in Texas – the Standard Possession Order.
Standard Possession Order
The Standard Possession Order is presumed to be in the children’s best interest if they are over 3 years of age. It is just a presumption. It can be rebutted with evidence on virtually any topic. Do you smoke? That is a hot topic that would be considered. Do you partake of recreational drugs? Best to stop now. I guarantee you that the Court will make you choose between your drug and your children. The Court can and will make you take a drug test the day you appear for your first hearing. The Court can and will make you submit hair, nails, urine, or blood depending on the allegations against you. The Court can and will require regular drug and alcohol testing until you have demonstrated sobriety. But, that’s not all. In the meantime, the Court will require you to pay all of the costs of the testing and will require you to have supervised possession of your children for which you will pay the cost.
Have you been unfaithful? Have you spread hate speech on social media? Have you been verbally abusive? Have you been physically abusive? I hope you understand what I am getting at. The presumption, depending on the Court, can be rebutted with evidence that you are not good parenting material. Of course, there are Courts that have exceptional rules of their own. I am speaking in general.
Children Under the Age of Three
If you have a child under the age of three, you really ought to consult with me before you make the decision to break up your family. The reason being that some Courts have written policies on children under three not contained in the Family Code.
Contact Dallas Child Custody Lawyer Rita Boyd
Whatever the particular aspects of your case are, it is my hope that you will call me. I offer 28 years of experience as a child custody lawyer. Call me right now at 972-380-8000, and make an appointment to come in and discuss your challenges. Together we can! You can also email me.