When parents separate or divorce in Texas, questions about time with the children are often the most emotionally charged and complicated to address. One of the first terms you’ll hear in a Texas family court isn’t “visitation,” even though that’s what many people call it. The legal terms are “access” and “possession.”
While these words may sound interchangeable, they refer to two separate rights—both important, and both commonly outlined in your final court order.
Possession Means Physical Time with Your Child
It’s the actual in-person visits. Think of it as the time your child is physically in your care—at your home, on vacation with you, during the weekend, or for scheduled overnights. The court will usually include a possession schedule in the custody agreement so both parents know when they’ll have the child.
Access is Broader
Access refers to your right to interact with your child even when they aren’t physically with you. This can include phone calls, texts, video chats, emails, or other forms of virtual communication. It might also involve attending school events, sports games, or extracurricular activities, even if it’s not during your “possession” time.
Access is still considered a right. Even when one parent has primary custodial care, the other parent usually has access rights unless there’s a strong reason not to, such as a history of substance abuse, child abuse or neglect, mental issues, risk of abduction, etc.
In most cases, however, the goal is to keep both parents involved in the child’s life, as long as it’s safe and healthy for the child.
The Best Interest of the Child
The court’s goal is not only to divide time fairly but also to ensure that both parents have meaningful relationships with the child. This is generally accepted as being in the best interests of the child or children, and the courts always prioritize the child’s best interests.
Access and possession schedules are most often as equitable as possible. Other times, they’re customized to fit the family’s situation—especially if one parent lives far away, works unusual hours, or if the child has special needs.
It’s also worth noting that enforceable court orders usually accompany these terms. Once custody is decided, those access and possession rights are part of the legal record. If one parent isn’t allowing the other to abide by these rules, the court can step in.
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