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Law Offices of Rebecca Gonzalez, P.C.
Law Offices of Rebecca Gonzalez, P.C.

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How do the courts handle custody of infants?

Standard child custody situations may not work when a child is very young. Infants have completely different needs than toddlers or older children, and this will impact how the court decided custody arrangements.

The Texas Attorney General explains the state usually tries to ensure equal custody, which is conservatorship in the state, and visitation, which is periods of possession. But the bottom line is always what is best for the child, which can be challenging when he or she is an infant.

Standard orders

Usually, the court abides by a general schedule where one parent has main conservatorship. The children live with this parent the majority of the time. Periods of possession will usually be every other weekend, one weeknight and every other holiday for the other parent. There is also usually a period during school breaks where the other parent gets 30 days with the children.

Alternative options

When a child is an infant, the court will not usually follow the standard order because of the child’s needs. The court will typically modify it and start slowly. The other parent may not have as much time with the child. Shorter visits to begin is the usual approach. Over time, the periods of possession will get longer.

The court will always look at what the child needs when determining conservatorship and periods of possession, which may alter the general idea of how visitations should occur. Still, both parents have the right to fight for more time if they can prove it will be in the best interest of the child.

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