Legal Challenges With Child Visitation In Texas

Anytime parents are entwined in a legal proceeding like a divorce or paternity action, resolving child visitation and custody issues can easily be contentious. Conflicts related to parenting time, schedules and visitation are not only emotionally challenging, but they can also be legally complex. Even after custody has been established and visitation schedules set, child visitation enforcement concerns can linger.

You are not alone. At Rosales Law Firm, our family law attorneys have more than 40 years of combined experience protecting the rights of clients in the El Paso community. They understand the emotional toll child visitation conflicts can take. As tough litigators and tenacious negotiators, they help our clients establish parenting schedules and successfully resolve their legal challenges with child visitation. By taking care to thoroughly understand a client’s circumstances, they provide customized strategies tailored to each unique situation. This provides an opportunity to establish a unique and lasting client relationship.

Visitation In Texas: Possession And Access

In Texas, child visitation is legally identified as “possession” and “access.” Possession refers to the physical time a parent spends with their child, while access refers to the communication and interaction a parent has when the child is not in their physical care.

Texas Possession Orders: Establishing Parenting Time And Visitation

A possession order in Texas outlines the visitation schedule and conditions under which each parent will spend time with their child. It is a court order that provides a detailed plan, so that both parents understand their rights and responsibilities regarding parenting time and visitation.

What Are The Different Types Of Possession Orders?

When determining a visitation schedule, the goal is to facilitate a stable and consistent environment for the child that allows them to maintain strong relationships with both parents. In Texas, there are three main types of possession orders:

• Standard possession order: This is the default arrangement presumed to be in the child’s best interest. It outlines specific visitation schedules, including weekends and holidays.
• Modified possession order: This order allows for adjustments to the standard schedule. It can be customized to better fit the parents’ and child’s unique needs, accommodating factors like work schedules or special circumstances.
• Supervised possession order: This order requires that visitation be supervised by another adult. It’s typically used when there are concerns about the child’s safety or well-being during visits.

Texas typically uses a standard possession order (SPO), which is presumed to be in the best interest of the child. The SPO outlines specific times and dates for a parent’s visitation, including weekends, holidays and school vacations. However, parents can agree on a different schedule if it better suits their needs and the child’s needs.

Working Together To Agree On Parenting Time

In a divorce involving children or a paternity action, child custody and visitation schedules are big concerns. But often, if parents can collaborate and work together to reach a settlement agreement, it will ultimately be better for everyone involved. In mediation, a mediator can help facilitate an agreement between the parents to establish custody and a visitation schedule that works for them and keeps the best interests of the child at the forefront. Mediation can be a cost-effective way to resolve legal conflicts. Once an agreement is reached, the agreement can be filed with the court. Our family law attorneys can help protect your interests in a mediation.

Can A Visitation Schedule Be Modified In Texas?

Life circumstances change, and so can visitation schedules. If you need to modify your visitation schedule, you must demonstrate a significant change in circumstances. This could include:

• A parent’s relocation opportunities
• Changes in work schedules
• Evolving needs of the child

The court considers several factors when deciding to grant a modification. These include the child’s best interests, the child’s relationship with each parent and any evidence of neglect or abuse.

Can You Refuse Visitation If Your Ex Isn’t Paying Child Support?

It can be frustrating when your ex doesn’t pay court-ordered child support. However, refusing visitation is not a legal option. Visitation and child support are separate issues. Instead, you can seek enforcement through legal avenues, such as filing a motion with the court to ensure compliance with support orders. Our experienced family law attorneys at Rosales Law Firm can provide legal guidance and support in either enforcing your visitation rights or fighting for unpaid child support.

Consult A Child Visitation Lawyer Today

If you are facing legal challenges with child visitation, our family law attorneys are available for consultation appointments. To schedule an initial consultation, contact Rosales Law Firm by calling 915-219-5516 or by sending us a message through our online contact form. Let us provide the support and guidance you need to protect the rights of you and your child.