Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Or refine your search by selecting a city:
Refine your search by selecting a city.
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.
Legal assistance with child visitation may be necessary in a variety of situations, including:
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
If you need more information or assistance related to child visitation in Texas, the following resources can be helpful:
If you need legal assistance with a child visitation issue in Texas, consider the following steps:
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.
