Best Child Visitation Lawyers in Texas

About Child Visitation Law in Texas, United States

Child visitation, known in Texas as “possession and access,” refers to the legal right of a noncustodial parent or other parties to spend time with a child after separation or divorce. Texas law presumes that children benefit from maintaining a relationship with both parents whenever it is safe and feasible. The courts strive to issue visitation orders that serve the child’s best interests, balancing emotional needs, safety, and stability.

Why You May Need a Lawyer

Legal assistance with child visitation may be necessary in a variety of situations, including:

• Establishing an initial visitation order during separation or divorce.
• Modifying existing visitation orders due to changes in employment, relocation, or a child's needs.
• Enforcing your right to visitation when the other parent is not complying with the court order.
• Addressing situations involving allegations of abuse or neglect, which can impact visitation rights.
• Managing complexities when one party has a history of substance abuse or criminal activity.
• Navigating requests for supervised visitation for safety reasons.
• Seeking visitation rights as a grandparent, stepparent, or another non-parent party.

An experienced family law attorney can guide you through the legal process, help protect your parental rights, and ensure the child’s best interests remain the top priority.

Local Laws Overview

Texas uses the term “conservatorship” for custody and “possession and access” for visitation. Most Texas courts follow the “Standard Possession Order” (SPO), which outlines minimum visitation schedules for the noncustodial parent. The SPO defines weekends, holidays, birthdays, and summer vacations, but parents are encouraged to customize arrangements if possible.

Key points about Texas child visitation law include:

• The SPO applies to children over age three, though courts make different arrangements for younger children.
• Court can order supervised visitation if necessary for the child's safety.
• Visitation orders are legally binding and must be followed unless formally modified by the court.
• Visitation can be restricted or denied if it is determined to not be in the best interest of the child.
• Relocation by one parent often affects visitation and may require court approval or modifications to the plan.

Frequently Asked Questions

What is the difference between custody and visitation in Texas?

In Texas, “custody” is called “conservatorship” and covers the rights and duties to make key decisions for the child. “Visitation” is called “possession and access” and specifically refers to the time a parent spends with the child.

What is a Standard Possession Order?

A Standard Possession Order (SPO) sets out a regular visitation schedule for the noncustodial parent, including weekends, holidays, and extended summer periods, allowing predictability and stability for all parties.

Can I change my visitation schedule?

Yes, visitation orders can be modified if circumstances change significantly, such as a parent's relocation, job changes, or the child's needs. Court approval is required for modifications.

What happens if a parent refuses to allow court-ordered visitation?

If a parent denies court-ordered visitation, you can file a motion for enforcement with the court. The violating parent may face contempt of court charges and other legal consequences.

Do grandparents have visitation rights in Texas?

Grandparents may request visitation in special situations, such as when a parent is deceased, incarcerated, or has had parental rights terminated. These cases are fact-specific and only granted when in the child’s best interest.

What if I have concerns about my child’s safety during visitation?

You can request supervised visitation or limitations on visitation if you have evidence the child's safety is at risk. The court will consider the child's welfare as the highest priority.

What if my child does not want to visit the other parent?

While courts may consider the child's wishes, visitation orders remain enforceable unless modified by the court. Parents must encourage compliance unless there are safety concerns.

How old does my child have to be to choose which parent to live with?

Children 12 and older can express their preference regarding which parent to live with, but the judge will make the final decision based on the child's best interest.

What is supervised visitation?

Supervised visitation requires that visits be monitored by an approved adult or agency to ensure the child's safety. This is typically ordered when there are concerns about abuse, neglect, or risk to the child.

Do I still have to pay child support if I am being denied visitation?

Yes, child support and visitation are separate legal issues. You are still required to pay child support, but you may seek enforcement of your visitation rights through the court.

Additional Resources

If you need more information or assistance related to child visitation in Texas, the following resources can be helpful:

• Texas Access and Visitation Hotline - Free legal information about custody and visitation.
• Texas Office of the Attorney General - Child Support Division - Offers services related to child support, visitation enforcement, and modification.
• TexasLawHelp.org - Provides guides, forms, and FAQs on child custody and visitation.
• Local Family Law Courts - Can provide information about local procedures and filing forms.
• Legal Aid Organizations - May offer free or low-cost legal representation for qualifying individuals.

Next Steps

If you need legal assistance with a child visitation issue in Texas, consider the following steps:

• Document your situation and any communication related to visitation.
• Try to resolve minor disputes with the other party, if it is safe and appropriate to do so.
• Consult with an experienced Texas family law attorney to understand your rights and develop a strategy.
• Gather relevant documents such as court orders, communication records, and evidence of any safety concerns.
• If you cannot afford legal representation, contact local legal aid organizations or the Access and Visitation Hotline for help.
• Always prioritize the child's best interests throughout the process.

Navigating child visitation in Texas can be complex, but with the right support and information, you can make choices that protect your relationship with your child and promote their well-being.