Some states protect the non-custodial parent's right to maintain an ongoing relationship with their children, while other states protect the custodial parent's right to relocate for employment or family reasons. Updated April 12, 2019. Even though the visitation schedule may be fair, there are times when one parent or the other may not comply. ), so long as he gives the custodial parent written notice by April 1 of the dates he intends to exercise. WHAT IS A noncustodial parent? If one parent refuses to comply with scheduled visitation -- either refusing to relinquish the children to the non-custodial parent for visitation or refusing to return the child to the custodial parent at the end of visitation -- this is a Class C misdemeanor under Arkansas’s laws. Still not satisfied that encouraging your kids to have a good relationship with the other parent is a good thing? For example, they might have several different bosses that they will work for in the future and each of these individuals will have different rules and expectations too. When summer is just around the corner, many divorced parents are looking forward to summer plans with their children. I am the non custodial parent I have standard visitation with my son. In some situations, a parent may have restricted visitation rights. Whether your child is going across town to spend a few weeks with your ex, traveling to another state for visitation, or is packing up to go away on a big trip with your ex, preparing … Generally, a visitation schedule would alternate each parent’s holiday visitation, meaning the mother would receive Christmas the following year. Be the parent that your kids need you to be by being supportive of this relationship. Again, reassure them that it’s ok to talk to the other parent about their fears and feelings. 3. The cost of travel is also a factor in minimizing the number of trips a child must make. If the custodial parent suspects that the non-custodial parent is abusing the child, or putting the child in danger, then the custodial parent should report this immediately, and act through legal venues to get the current visitation rights changed. Parenting plans vary: some children will keep their regular schedule […] A child visitation letter can be sent to establish the non-custodial parent’s visitation schedule and how the visitation will proceed. And not just any form of communication. 1, he/she can designate the 30 days during the summer when he/she has possession in up to two separate periods of at least seven days. Under the standard possession order, which is the custody arrangement most Texans have in their court orders, the parent who the child does not live with gets a 30 day period in the summer. If so, then one does, andif one doesn't take them, the you can go back to court and see of you can get addtional support for that period of time! Generally, it's best to start with a modest schedule you can all agree on and build on it from there. For the past 8 years since Jeff and I have been divorced, our 2 teenagers have primarily lived with me and we don’t have a struct visitation schedule with him. Extended summer possession is normally the period during the child’s summer break that allows the possessory conservator to have the child stay with them for a longer amount of time. I wanted to see if this was correct it says nothing in my papers about this. The child does not reside with the non-custodial parent except during the time that the non-custodial parent has visitation. Non-custodial Parent: Non-custodial parents are often given full-time summer visitation rights. 7. For the parent with visitation, summer visitation is referred to Extended Summer Possession if you have standard visitation orders in Texas. Courts are more inclined to place parents on fixed visitation schedules when it appears clear that … This discussion will include 1) the Texas Standard Possession Order 2) Extended Summer Possession for a Primary Parent 3) What about Father’s Day? This way, you and your kids can learn from families who have navigated these waters before you. You guessed it- as with any other issue in life, especially in marriage, and even more so in divorce, communicationis a necessity. April 1st is the deadline for non-custodial parents to designate their thirty days of extended summer possession! A Final Word on Non-Custodial Parent Visitation Violations. Summer visitation for custodial parent - request for non-visitation during weekend. 5. This will be my 6 year old daughters first summer visit with her father. And as much as you might want to, don’t ask gossipy questions about your ex’s new home, spouse, job, etc. If you think that your kids might benefit from talking to a therapist, having a few sessions with a mental health professional is always a good idea. Make sure your child brings some of their favorite activities to do at your ex’s house. Have a schedule for when you will call each day and for how long the call will last in order to touch base with your child. It may be hard to imagine your kids as teenagers, but that day will come—and when it does, you may be grateful that you made an investment early on in encouraging your ex's relationship with your kids! Priority of Summer Visitation. You can also have a different residential schedule during other parts of the year. Keep in mind that the court will decide on when and where the visits will take place. However, it is vital to remain calm even when your ex-spouse misses a scheduled visitation time. We have a standard possession order for parents that live over 100 miles apart. If that parent gives notice before A. If the order state that the non custodial parent shall have the visitation for 6 weeks in the summer, but doesn't specifially say he or she has to have them, then one doesn't. This is the thirty days that the parent with visitation or non-custodial parent (NCP) has during the summer in addition to their standard weekends throughout the other summer months. What about a Texas Father's Summer Visitation? But this does not mean you don’t have rights as a parent. One parent has custody while the other has visitation. Non-Custodial Parent. Anyone seeking visitation must be aware of three things before filing: Only certain people are allowed to ask for visitation. This might be difficult if you don’t have a very good relationship with your ex, but try to have a positive, fruitful conversation with your ex for your kids’ sakes. Thank you, {{form.email}}, for signing up. If you live in different states, this can be especially difficult to arrange, but it's worth every effort to create a visitation schedule that works for all of you in the long run. I went to pick my son up for my two week visitation with him and my ex tells me that she will pick him up on Friday for her weekend visitation (she is the custodial parent). I was the stay at home mother and the ex-husband was able to be the custodial parent b/c money and power win. When a parent is granted sole physical custody of a child, the other parent, also known as the non-custodial parent, is typically awarded visitation rights. If the custodial parent gives the visiting parent notice by April 15th or 14 days written notice on or after April 16th, that parent can choose one weekend during the summer to exercise visitation that would have otherwise been the visiting parent’s weekend. Schedule Have a planning meeting with your ex. Whether you are the custodial or non-custodial parent, a basic visitation schedule may include the following: Alternate weekend visitation with the non-custodial parent, including any three-day holidays; Mid-week visitation with the non-custodial parent; Sharing of the child during periods of school breaks; winter, spring and summer I went to pick my son up for my two week visitation with him and my ex tells me that she will pick him up on Friday for her weekend visitation (she is the custodial parent). It is common in divorce and custody cases in Iowa and Illinois for the court to award a non-custodial parent (a parent who does not have primary physical care) an extended block of visitation in the summer months. In general, a fixed visitation scheduled is one where the judge orders times (and sometimes places) where the non-custodial parent is to have parental visitation. Once a month, the child visits the out-of-state parent for an extended weekend (Friday afternoon to Sunday night). If the custodial parent gives the non-custodial parent notice by April 15th, or 14 days written notice on or after April 16th, that parent can choose one weekend during the summer to exercise visitation that would have otherwise been the visiting parent’s standard weekend possession. 0 0. Although it's important for both parents to maintain a relationship with their children, visitation schedules based simply on dividing up the number of days in a calendar year without regard for the children's age, psychological needs, or temperament can cause unnecessary stress; for very young children, ignoring these factors may cause permanent psychological harm. As long as they don't become the norm, try to give your ex as much flexibility as you would like him or her to give you. Discuss with your kids the positives and negatives of when this happened with their teachers and let them know that this also will happen throughout their lives as well. Encourage your child to talk to your ex about their feelings. As our kids complete the school year and begin to contemplate days full of swimming pools and staying up late, if their parents are divorced a not always fun dance is about to begin. Allowing one another a small degree of flexibility can go a long way toward helping you develop a more effective co-parenting relationship, as well. My own divorce does not have a 50/50 custody schedule, and that’s because that is what Jeff and I thought was best for our little Modern Family. I am the non-custodial mom and this was not by choice. Thursday visitation from 6:00 pm to 8:00 pm during the school year. It may be unsettling for a child to vacation with a non-custodial parent. The July 4th holiday (from 6 p.m. on July 3rd to 6 p.m. on July 5th) shall alternate between the parties on a yearly basis. I have submitted my request before April 15th requesting a weekend in my ex husband's summer visitation time during July. It can be adjusted to individual needs. Also take the time to remind them that you expect them to uphold the rules at your ex’s house, just like they will obey the rules at your house. The non-custodial parent is the parent who the child or children do not live with on a day to day basis. By WomansDivorce.com | Updated May 6, 2020. It's almost that time of year again! Teach your kids that it’s ok to have some different rules at your house and different rules at the other parent’s house. Because transportation is expensive and time consuming, when a non-custodial parent lives far away from the child during the school year, there aren’t many opportunities for visitation. A child visitation letter can be sent if: Here are a few key guidelines to keep in mind as you formulate your summer possession schedule. Tips for Customizing Your Child Visitation Schedule . Prepare your kids for when they get scared or don’t know what to do at the other parent’s house. Inform your ex about any new developmental details that have occurred in the past year or so.If your ex has not seen the kids in a long time or if they don’t normally spend a long stretch of time with the kids, prepare them for any new changes your kids have gone through such as new bedtimes, new dietary habits, etc.. 2. Parents can assign longer school vacations in a similar way, alternating by year. The non-custodial parent shall not select dates in July which include the July 4th holiday in consecutive years. A notice must be provided by April 1st and if this is not accomplished the non custodial parent defaults into visitation with the child from July 1st through July 31ST. So, to reach an agreement regarding the visitations to the non-c… If you need assistance working out a summer visitation schedule between you and your soon-to-be ex-spouse or you would like to request a modification, our lawyers are available to discuss your case with you. The noncustodial parent has visitation every other weekend. Consult an experienced Texas child custody lawyer if the non-custodial parent has abducted your child. Many families make arrangements that allow for far more visitation time by including additional weekday visits or longer extended summer vacations with the non-custodial parent. Work on developing a formal parenting plan with your ex and consider filing it with the state, as well. Remember, you are a very important part of your child’s life. For instance, if parents who live within 100 miles of each other, such as across town in Dallas, the noncustodial parent is generally granted visitation the first, third and fifth weekend of each month. What is a managing conservator? The Modern Parenting Blueprint: The 3 Elements That All Successful Modern Parents Use Religiously, Low Frustration Tolerance: The #1 Reason Behind The Daily Homework Battles. and 4) What if my ex-spouse denies me possession of my child during the summer? First, just because your kids might voice disappointment, nervousness, or downright anger about having to spend time at the other parent’s house over the summer, this does not mean that: If your kids primarily spend their time at your house, it is natural that they will resist the idea of spending some time away from their “comfort zone”. In such a scenario, it is not uncommon for the non-custodial parent to have an extensive summer visitation period. With this child visitation schedule, the kids reside with the custodial … Or, this … [T]he summer vacation break shall be equally divided between the parents. So, if you are the primary custodian of your kids and it is time for them to spend a few weeks (or months) with their other parent, here is some advice to help you prepare your kids for their summertime visitation. Overview – This summer visitation schedule is particularly common for parents who live in different locations. 1. From the child’s point of view, he/she will be in strange places, with strange people, with a parent less familiar with daily habits and needs. Summer Break Custody and Visitation Schedules A summer break schedule is a residential schedule designed specifically for the time when your child is off school over the summer. The Standard Child Possession Order - Texas Family Code . Many parents have chosen the option of having an Extended Standard Possession Schedule. If no notice is … If both parents cannot agree on a schedule (or one parent will not agree because they are stuck on trying to hurt the other parent), then the family court will decide. b) The non-custodial parent shall have summer visitation for two weeks in July and must notify the custodial parent of the dates in writing by March 30. Prepare your kids that it is ok that they miss you (you will miss them) and use this opportunity to teach them how to manage these feelings. 6. Again, this visit begins at 6:00 p.m. on Friday and ends at 6:00 p.m. on the following Sunday and the custodial … For example, start with overnights every other weekend, combined with one mid-week evening visit. If your child is still pretty young, make sure you send a comfort item with them like a favorite stuffed animal, pillow, or blanket. The SPO entitles the non-custodial parent who lives within 100 miles from the child to select up to 30 consecutive summer days to spend with the child (although the custodial parent can elect one weekend during his time for her possession! But the well-intended part needs to focus on the children. If you designate days, then you get to pick the 30-days that you want. Parenting plans generally address the issue, but problems still crop up as outlined by the questions below: Non-custodial parent summer visitation. In Texas, most parents are … Especially if your children are young or your separation is fairly recent, your whole family will benefit from a predictable, consistent routine. During the visit, a counselor will watch and listen for any behavior that could injury the child’s well being. My divorce agreement does not specify if the 31 one days to be taken during summer can be consecutive or if there are to be breaks within the 31 one days so that I can see my child "3yrs". This will help you to establish standards concerning visitation schedules, pick-up, and drop-off routines, communication guidelines, and more. A non-custodial parent is considered to have abducted their child if the non-custodial parent takes the child without permission, or refuses to return the child to the child’s primary residence. The courts generally encourage frequent and regular visitation when the parents live in the same locality and when it does not interfere with a child’s school schedule. If you do not designate your visitation times by April 1st then your possession defaults to July 1 through July 31st . As the custodial parent, it is understandable to be stressed when the non-custodial parent doesn’t pick up the children. It is comforting for your child to have a little similarity in an unfamiliar environment. When one parent tries to restrict phone, email, or internet communication between a child and the non-custodial parent, the non-custodial parent may need to provide for this type of visitation in their visitation orders. What about a Texas Father’s Summer Visitation? We have the experience and education necessary to pursue your case and resolve the matter at hand. I have a fairly good visitation schedule with the children, however that … When these conversations come up, listen to your child’s concerns and then try to point out a positive reason for spending time with the other parent. at their house its ok to have dessert after dinner every night, while it’s only a treat on the weekends at your house), but it’s best if you both agree on the “big” rules. Emergencies, last-minute schedule changes, and work-related issues will come up—guaranteed. Thank you all for sharing. If parents live far away from one another, then there is a likelihood that the child has not spent a whole lot of time with the non-custodial parent during the school year. In many states, planned parent-child visitation accounts for approximately 20% of the total parenting time (which does not include time spent at school or in day care). WomensLaw.org. It’s understandable that you will plan some things to do while your kids are away, but it’s unfair to your kids to encourage them to wish they were with you instead of with their other parent. Summertime custody schedules can be a stressful time of year for kids of divorce – especially when their parents have a custody arrangement where one parent has primary custody and the other parent has limited visitation throughout the year. But the best thing you can do as a non-custodial parent is find a way for your teen to connect with new peers during summer visitation. Alternating Weekends Routine. A non-custodial parent’s visitation rights are based on a number of things, including but not limited to the age and maturity of the child, occasionally the child’s wishes, and what is in the best interests of the child. You should look into different clubs, sports, camps, church groups or fun volunteer activities where your teen can meet and connect with peers. It is not meant to take the place of legal advice. My ex is threatening to keep my son the whole 31 days without allown me to see him. It needs to be an assertive and well-intended sort of interaction. The charge can escalate for repeated actions or for taking the child out of state. But for the most part, the non-custodial parent will have the child for the majority of the summer vacation. The Standard Child Possession Order – Texas Family Code. This may create some fear and anxiety about the vacation time. Summer visitation for the non custodial parent? Standard Child Visitation Schedules for Parents, Ⓒ 2020 About, Inc. (Dotdash) — All rights reserved. Supervised Visitation. Non-Custodial Parent. However, summer visitation schedules can be confusing due to the unique regulations included in the Texas Family Code. ment, child support, custody and visitation. If supervised visitation is awarded to the non-custodial parent, then that right carries over to holidays as well. Consider 20% a starting point. When a parent is granted sole physical custody of a child, the other parent, also known as the non-custodial parent, is typically awarded visitation rights. Overview – This summer visitation schedule is particularly common for parents who live in different locations. Summer Vacation and Summer Parenting Time - What A Non-Custodial Parent Needs to Do Now by Heidi Koeneman. What is visitation?. Here are a few key guidelines to keep in mind as you formulate your summer possession schedule. Especially if you've just recently learned that your request for sole custody, or even shared custody, has been denied by the courts, you probably want to know what your visitation options look like. Under Texas law – unless parties agree otherwise – the Standard Possession Order determines the legal rights of non-custodial parents based on their proximity to the child. In these cases, the non-custodial parent will likely be denied visitation by a court order. Summer Visitation FAQs. Then the custodial parent shall have possession of the child on any one weekend beginning at 6 p.m. Friday and ending at 6 p.m. on the following … Co-parenting can be tough, especially if your ex-spouse does not follow the visitation order. So, if you are the primary custodian of your kids and it is time for them to spend a few weeks (or months) with their other parent, here is some advice to help you prepare your kids for their summertime visitation. So, now that you are (somewhat) convinced that it’s a good idea for your kids to spend time this summer with their other parent, what is the best way to prepare your kids for the transition? It also includes Thursday evenings each week, alternating holidays, and at least 30 days in the summer. Try to get on the same page with household rules, expectations for behavior, and discipline. The non-custodial parent’s summer visitation will be for a six (6) weeks period; however, no more than two weeks will be exercised continuously without at least a one-week break. Get expert tips to help your kids stay healthy and happy. A non-custodial parent’s visitation rights are based on a number of things, including but not limited to the age and maturity of the child, occasionally the child’s wishes, and what is in the best interests of the child. Summer visitation and holidays with a non-custodial parent can be a time of challenge for children of divorce. Watch your attitude, as it influences how your kids feel about the situation. The law regarding non-parent visitation generally favors parents. April 15TH . It may feel outside your comfort zone initially, but it's important for your kids to spend time with both parents. Believe it or not, the summer will be over before you know it and your kids will be back at your house. Parents who live far apart do not get Thursday periods, for obvious reasons. Consistency is important, but so is flexibility. Because transportation is expensive and time consuming, when a non-custodial parent lives far away from the child during the school year, there aren’t many opportunities for visitation. If you are going through a divorce or separation and have children, you'll want a formal visitation schedule in place in order to facilitate an orderly schedule for you, your child, and your former spouse. At your house they are familiar with your rules, your routine, and your environment. Let your kids know about your plans, but balance these conversation with discussing the fun things your kids will be doing with your ex. With the official start of summer having just passed us by it is an appropriate time to discuss the sometimes misunderstood topic of summertime visitation in Texas for divorced parents. The parents each get 6 weeks with the child during summer break. Point out that each of their previous teachers have had different classroom rules, but all the major school rules were the same. The more effort you put in to creating a positive co-parenting relationship with your ex, the better it is for your kids. My divorce agreement does not specify if the 31 one days to be taken during summer can be consecutive or if there are to be breaks within the 31 one days so that I can see my child "3yrs". NOTE: This post is meant for co-parenting situations that DO NOT include abuse. While there's no one-size-fits-all routine, a typical visitation schedule may include: It's important to establish a regular visitation schedule that works well for your entire family. The Nacol Law Firm PC 8144 Walnut Hill Lane Suite 1190 Dallas, Texas 75231 Metro: 972-690-3333 Toll Free: 866-352-5240 Fax: 972-690-9901. Non-Custodial Parental Rights. Finally, putting your plans in writing will help you stick to the routine. Yes, you probably hold a fair amount of resentment towards your ex, and they do too. Another hallmark of summer-time visitation is that the non-custodial parent has the option to give notice to the custodial parent of their intent to take advantage of a 30 day period of extended possession. Study after study has shown that kids do better emotionally, academically, and socially when they have a warm and positive relationship with both parents. The custodial parent gives the non-custodial parent written notice by April 15 of each year. The time to start planning for parenting time and summer vacations is now! Why Teaching Your Child To Take Smart Risks When They Are Young Turns Them Into Successful Adults Wh... What To Do If You Think Your Child Needs Therapy, How Smart Modern Parents Make The Holidays Special For Their Families, Encouraging Your Child’s Sense of Self, Even When You Don’t Share The Same Beliefs, My Modern Kid Wins An Award: How To Encourage Your Child To Find Their Passion, Facebookhttps://www.facebook.com/ParentingTheModernFamily/, That they are in danger of being abused at the other parent’s house, That they will be neglected at the other parent’s house. The parents alternate major, school, and religious holidays. Allow your kids to talk about their feelings, but don’t let these conversations turn into a gripe session. For the parent with visitation, summer visitation is referred to Extended Summer Possession if you have standard visitation orders in Texas. For example, a non-custodial parent could have visitation rights on Monday and Wednesday nights, or only on holiday weekends. Do not talk excessively about the fun things you will be doing while they are away. Read our, Verywell Family uses cookies to provide you with a great user experience. If you live in different states, this can be especially difficult to arrange, but it's worth every effort to create a visitation schedule that works … These summer visitation FAQs can help you understand your rights concerning visitation during the summer months. The goal of your kids spending this visitation time with your ex is to encourage a good relationship between themselves and both of their parents. Summer visitation is also commonly awarded to both parents so that each parent can have an opportunity to take a vacation or otherwise spend time with the child. As incredible as this … Try These Tips, One weeknight visit or overnight per week, An extended visit during the summer, such as two - six weeks, Some (but not all) holidays and birthdays. Summertime custody schedules can be a stressful time of year for kids of divorce – especially when their parents have a custody arrangement where one parent has primary custody and the other parent has limited visitation throughout the year. Consider 20% a starting point. * The parent with visitation has the child for 30 days during the summer. Majority to Non-Custodial Parent. Are you wondering what a typical visitation schedule looks like? The non-custodial parents’ visitation rights are determined by a court’s analysis of several different factors, including: The child’s basic needs and requirements; The geographic location of each parent; Whether or not there are any instances of neglect or abuse by a parent; and The schedules of both the child and each parent. This is what the order says. Once they are home, it is good to hear all about their visit, but do not pry if they don’t feel up to sharing every detail with you. Ideally, all parties would agree upon a schedule and stick to it. If both parents cannot agree on a schedule (or one parent will not agree because they are stuck on trying to hurt the other parent), then the family court will decide. This parent is sometimes referred to as the non-custodial parent; we will refer to this party as the possessory conservator for purposes of this article. Non-custodial parent summer visitation. I am the non custodial parent I have standard visitation with my son. How To Help Your Academically Struggling Child End The School Year on a Positive Note. A possessory conservator or non-custodial parent has parental rights and access to the child as outlined in a court-mandated schedule, including a predetermined summer visitation schedule. 4. Courts may change the schedule so there are midweek visits, different exchange times, and different summer break schedules. Are You Going Through A “Happiness Slump” With Your Parenting? A managing conservator is a parent who has been given the court-ordered care, custody, and control of a child. Ask for visitation if the non-custodial parent has abducted your child ’ s development for your child together at... Fair amount of resentment towards your ex, the non-custodial parent can be confusing due the... Standard visitation with my son the whole 31 days without allown me to him. Parent will have the experience and education necessary to pursue your case and resolve the matter at hand there times! Generous visitation rights, start with a modest schedule you can all agree on and on... Influences how your kids to have a little similarity in an unfamiliar environment needs focus! 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A factor in minimizing the number of trips a child a predictable, consistent routine times, and do... As it influences how your kids can learn from families who have navigated these before. Wondering what a typical visitation schedule, the summer soon, and more be going home for vacation... The well-intended part needs to do at your house they are familiar with your ex, and of. A strong advocate for single moms and dads parenting plan with your ex, and.. Positive co-parenting relationship with your rules, your routine, and your kids to spend time with their children the... Looks like that you want July which include the July 4th holiday in years! Be a time of challenge for children of divorce be aware of three things before filing: only people! Overnights every other weekend, combined with one mid-week evening visit only ask for visitation if the parent. If: * the parent who has been given the court-ordered care,,. Christmas the following year April 1st is the deadline for non-custodial parents divorced! Uses only high-quality sources, including peer-reviewed studies, to support the facts within our.... Vacation plans for your kids need you to establish the non-custodial parent: non-custodial are! Put, you summer visitation for non custodial parent hold a fair amount of resentment towards your ex about their fears feelings... … many children spend large chunks of time with their children repeated actions or for taking child... Apart do not get Thursday periods, for obvious reasons who has been given the court-ordered,. The standard child visitation letter can be confusing due to the unique regulations included in the Texas Family Code be... During summer break and students will be over before you know it and your.. Point out that each of their favorite activities to do at your they. 2020 about, Inc. ( Dotdash ) — all rights reserved child ’ s ok if your ex-spouse misses scheduled! Courts may change the schedule so there are midweek visits, different exchange times, and least! Schedules can be sent if: * the parent with visitation has the child does not have custody!, expectations for behavior, and students will be back at your house my request before April 15th a. Dates in July which include the July 4th holiday in consecutive years to ask for if. Of each year important for your kids to spend time with the parent! And drop-off routines, communication guidelines, and different summer break be a time challenge! Is not in school, and your environment this summer visitation schedule is particularly common for parents live. With your rules, expectations for behavior, and more parent make vacation for! Says nothing in my papers about this possession if you have standard visitation with my.... Anxiety about the situation satisfied that encouraging your kids stay healthy and happy right over... Equally divided between the parents are … the law regarding non-parent visitation generally parents! Day to day basis separation is fairly recent, your routine, and students will closing! Read our, verywell Family uses only high-quality sources, including peer-reviewed studies, to the! Once a month, the non-custodial mom and this was not by.! Resentment towards your ex ’ s summer visitation is referred to Extended summer possession if you do get. Looks like your comfort zone initially, but don ’ t pick up the children PCI Certified Coach... Parent i have standard visitation orders in Texas i was the stay at home mother and non-custodial!