Child Custody and Visitation Attorney in Dallas, Texas

What trends do you see in the area of custody in Texas?

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So there has been a lot of movement in Texas over the last 10 years to try to make the starting point of possession and access a 50-50 possession schedule. There is another bill going through the legislature in Texas right now attempting to do that. Right now, the law is that it is presumed that the minimum amount of possession and access that the nonprimary parent should have is what is called a standard possession order. And the standard possession order is basically, every first, third, and fifth weekend of the month, Thursdays during the school year and alternating holiday schedule and 30 days during the summer. So you can see that would be a huge difference if you start talking about a 50-50 possession schedule as the starting point. So the ramifications of that are significant.

If you’re going to have to go away from what is presumed where you start that increases the need for expert witnesses, child custody evaluations, things that can really slow down the process. There’s also some good in it, you know, having the presumption the other way means that you are having to do that if you’re trying to go to a 50-50 possession schedule. So it’s very interesting, I don’t know what is going to happen, I mean the Texas legislature meets every two years and this bill has been introduced on a number of previous sessions and hasn’t gone anywhere. So we’ll just have to wait and see what happens.

Dallas, TX family law attorney Mark Scroggins talks about the trends he sees in the area of custody in Texas.

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