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What visitation rights are you entitled to?

Emotions between divorcing couples in San Antonio can often run high. This can get in the way of them making equitable decisions regarding important topics such as child custody and visitation rights. If you are currently going through this process and are worried about your potential visitation schedule, you should know that the court often takes the lead in handling this matter.

Should you and your ex-spouse fail to agree on maintaining joint custody, then the court will typically appoint one of you to be the sole managing conservator over the children.  The other will be named the possessory conservator and will have visitation rights. If you happen to chosen as the possessory conservator, the court realizes the importance of you and your children maintaining a strong relationship through frequent contact. Thus, it follows a pre-determined schedule when determining when the children will get to stay with you.

According to the Texas Family Code, if you live less than 100 miles away from your children, you are entitled to have them at the following times:

  •          Weekends beginning on the first, third, and fifth Friday of each month.
  •          Every Thursday during the school year from 6:00pm-8:00pm.
  •          Spring school breaks on even-numbered years.
  •          30 days during summer vacation.

If you live more than 100 miles away, you may choose the weekend each month in which the kids will stay with you. You are also entitled to have them over the entire spring break every year, and for 42 days during summer vacation.

Regardless of the distance between you and your children, you are entitled to have them during the Christmas holiday on even-numbered years, and the New Years and Thanksgiving holidays on odd-numbered years. You also get the kid’s every Father’s or Mother’s Day, depending on which of those roles you fill. 

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