Child Custody and Visitation Attorney in Dallas, Texas
What trends do you see in the area of custody in 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.
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Dallas, TX family law attorney Mark Scroggins talks about the trends he sees in the area of custody in Texas. He notes that over the past decade, there has been significant movement in Texas toward making a 50-50 possession schedule the default starting point in custody cases. Currently, a bill is pending in the Texas Legislature aimed at establishing this change. Under existing law, however, the presumption is that the nonprimary parent receives what is called a standard possession order. This standard schedule typically grants visitation every first, third, and fifth weekend of the month, Thursdays during the school year, alternating holidays, and 30 days in the summer. Shifting to a 50-50 starting point would represent a major change with significant implications.
He explains that deviating from the current presumption increases the need for expert witnesses and child custody evaluations, which can slow down the process considerably. On the other hand, the presumption of the standard possession order can be advantageous if the goal is to negotiate or argue for a 50-50 schedule, as it creates a clear baseline. He adds that it is difficult to predict the outcome, noting that the Texas Legislature meets every two years and that similar bills have been introduced multiple times in past sessions without success. The final outcome remains to be seen.
