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If one parent keeps a child away from the other parent when there is not a court order, there is no way to force visitation to happen. Without a court order, neither parent can file an enforcement action. An enforcement action cannot be used to enforce an informal agreement between the parents.
While many Texas dads face big hurdles to win 50-50 or primary custody, they may fare better here than in other states. As Abby explains, ?Texas is fairly open-minded when it comes to dads getting custody. The Expanded Standard Possession Schedule in the Texas Family Code is roughly a 45-55 split.
To get started, there are three primary steps to follow. Step One: Enlist in the Help of an Attorney. While it's possible to pursue custody without a lawyer, this is generally not recommended. ... Step Two: Fill out Forms and Prepare Documents. ... Step Three: Begin Collecting Evidence. ... Consult an Attorney at Warren & Migliaccio.
The first decision that must be made in a Texas case involving children is whether there will be a primary household. The parents may agree that neither will be primary. The court order will state specific parenting times each will have with the children.
The parent who spends the most time with a child is referred to as having "primary custody." In Texas, child custody is described in terms of "conservatorships." A conservatorship involves the ability to make legal decisions for the child including decisions regarding education, health care, and religious training.