The Texas family code states that the custody agreements, whether negotiated between ex-spouses or under the guidance of family law attorneys, must adhere to legal visitation requirements to ensure that both parents get adequate time with their children after a divorce.
While adhering to visitation laws is a custody requirement so that non-custodial parents are not prevented from seeing their children, family lawyers have heard the complaints of many claiming that the law does not provide them enough required visitation time.
A recent change in the law pertaining to possession orders has now improved that situation, extending the time allotted and required to non-custodial parents.
In light of these changes, parents should revisit their current visitation plan and, if necessary, discuss it with family law firms to gain a better understanding and adjust their custody orders as needed.
What Is The Change To the Possession Order?
It is thought by many that the standard possession order that family attorneys and their clients must adhere to when negotiating visitation schedules is restrictive to non-custodial parents, requiring that custodial parents provide them with only 25% visitation.
Possession Order SB1936 expands that requirement on certain days to give non-custodial parents more time with their children while also making visitation more convenient for them on those days.
The change went into effect on September 1, 2021. Family law attorneys recommend that parents who have not addressed this change by reviewing their visitation schedule should do so immediately so they are in compliance with the new possession order.
Expanded Possession Order SB1936 Explained
Though many non-custodial parents with good co-parenting relationships with their exes receive much more than the required visitation allotment, family law firms highlight this change so that those getting less visitation time, for whatever the reason, understand their rights.
The new expanded possession order SB1936 applies to non-custodial parents that live within 50 miles of the custodial parent, giving them expanded hours up to a minimum of 35% visitation as long as they are able to adhere to the new rule.
Presuming the non-custodial parent living within 50 miles is able to do so, the new family law rule states that the following expansions to visits should be observed:
- Thursday evening school year visits are expanded from 6:00 to 8:00 PM to Thursday upon school release to the start of school on Friday.
- 1st, 3rd, and 5th weekends of the month are expanded from 6:00 PM on Friday to 6:00 PM on Sunday to upon school release on Friday to the start of school on Monday.
- Holidays, applicable breaks, and other visitation days are also expanded to start upon the release of school on the day that visitation starts (as opposed to 6:00 PM) and end at the start of school (or 8:00 AM) on the return day.
Based on these new rules, family law firms find that most non-custodial parents will gain more time with their children with the addition of Thursday overnights, plus extra after-school and holiday time.
In situations where the change is not possible for the non-custodial parent or if they live beyond 50 miles from the custodial parent, they may legally waive this expansion in hours.
Work With An Experienced Family Law Attorney
The goal of the Texas family court service as well as all family attorneys now helping families is to ensure that co-parenting in a divorce situation can happen and both parents receive adequate time with their children.
The updated and expanded Possession Order SB1936 is designed to help non-custodial parents get more quality time to do just that.
Family law attorneys recommend that spouses discuss this change together and adjust their schedules as necessary so their visitation schedule is in compliance with the expansion.
Ex-spouses who are unable to work out visitation modifications that satisfy them both should seek the assistance of family law firms that can help.
