Who Decides the Visitation Arrangement?
In the absence of a legally binding parenting agreement detailing each parent's visitation time with the child following the divorce or custody case, it’s a mistake to believe that the parent with physical custody over the child typically determines what reasonable visitation for the non-custodial parent is. Generally speaking, in the absence of an agreement or court order in Texas, one parent will have custody of the child pursuant to a Standard Possession Order.
Typically, a Standard Possession Order in Texas gives both parents set visitation with the child during the weekdays, weekends, holidays, and summers. While the Standard Possession Order is frequently satisfactory to all parties, there are situations where it is not a workable visitation schedule. For this reason, courts typically ask for parents to come to an official and binding parenting agreement through mediation or other means that detail the visitation arrangement.
In situations where parents cannot agree, court intervention becomes necessary, and having a knowledgeable visitation lawyer is crucial. The courts evaluate numerous factors, including the child's age, health, and parental involvement, to devise a plan that serves the child's best interest. Consideration is also given to each parent's work schedules and the child's unique needs to ensure the arrangement fosters a stable and nurturing environment.
Punishments for Violating Child Visitation Agreements
The court may levy the following punishments for issues related to visitation agreement violations:
- If an individual doesn’t appear in court as ordered for a visitation hearing, they may be arrested and be held in contempt.
- Contempt charges from a missed court appearance or failure to abide by the original visitation agreement may result in a jail sentence.
- Contempt charges may also result in heavy financial penalties.
- Violations of child visitation agreements can result in modifications to the original agreement.
It's important to understand that the legal system takes violations of visitation agreements seriously. These agreements are legally enforceable, and consistent violations can lead to more severe consequences, such as loss of custody or changes to parental rights. Engaging with a skilled visitation attorney can help navigate these issues, offering guidance and representation to ensure compliance and address any grievances effectively.
Whether you have been wrongfully denied your visitation rights or your child’s other parent is not respecting the visitation arrangement, you should talk to an attorney about your options.
Why Hire Our Houston Visitation Attorney?
When you hire our Houston visitation attorney, you can expect support with tasks such as:
- Explaining your options so you understand the differences between mediation, negotiation, and litigation in Texas family courts
- Preparing for hearings in venues such as the Harris County family courts or other local courts that oversee your case
- Organizing key evidence including calendars, messages, and school records that show how a visitation schedule is working or failing
- Communicating with the other parent to reduce conflict and keep discussions focused on solutions that meet your child’s needs
Parenting Plans vs. The Texas Standard Possession Order
There are several different types of visitation agreements to choose from, and finalizing one is largely dependent on your own schedule, the relationship you had with your child before your conservatorship case, and your current relationship with your child’s other parent. Depending on the nature of your divorce, you may find that either a parenting agreement designed by you and your child’s other parent or the Texas Standard Possession Order is more suitable to your family’s needs.
A Parenting Plan schedule usually includes the following:
- Set times and days for visitation during the school year
- Holiday and summer visitation
- Parameters for modification of the plan
- A court order that enforces the schedule
- Other provisions for preserving the child’s interests, including limiting contact between the parents (if necessary)
A parenting agreement can offer the same level of predictability as the Texas Standard Possession Order, but it also provides the flexibility of your own design, which can mold more easily to you and your child's needs.
A Texas Standard Possession Order features the following:
- Set expectations for visitation during the weekends and weekdays
- Division of holidays
- Division of summer
- Parameters for modification of the plan
- A court order that makes the plan legally enforceable
Frequently Asked Questions
Most parents are desperate to close this chapter of their lives so they can move forward, take care of their children, and begin to reclaim their lives. If your visitation rights as a parent are on the line, however, we know you'll stay in that fight to the very end. Before getting started on your case, knowing the answer to these questions may be helpful.
How Will a Court Decide Custody and Visitation?
Judges consider several factors before making a final judgment. These factors may include several unique aspects of each relationship, from caretaker/child relationships to any history of abuse between the parent and child. Next, several developmental factors come into play: How old is the child? Do they have a disability or special developmental requirements? Where will the child live and go to school? What are their specific medical needs?
How Do I Enforce My Visitation Rights?
It may be tempting to react aggressively and swiftly if your ex-spouse refuses to let you visit your children, change the visitation schedule erratically, or otherwise prevent you from seeing your children when it is your turn. Part of having a healthy relationship with them and fostering a sense of security is to remain civil with your ex. If a direct discussion doesn’t do the trick, however, it may be wise to involve an attorney to mediate. If this option fails to address the problem either, then ask your attorney to file for enforcement as a last option. It is within your rights to contact Diggs & Sadler to speak with an attorney to discuss enforcing your visitation rights.
How Does a Child Visitation Order Work?
Both the custodial and non-custodial parents can discuss their preferred schedules in the presence of a mediator who can help them reach an equitable conclusion. If the parents cannot reach an agreement, the court will determine the visitation schedules for each parent. A visitation schedule is drafted up and agreed upon by all parties involved, then it gets taken to court to be transformed into a legally enforceable document. From then on, it’s important that both spouses maintain the schedule to the best of their abilities to keep a sense of stability in their children’s lives.
Why Would I Need Supervised Visitation?
Supervised visitation, above all, serves to protect the child. Children need to be cared for by loving and responsible
Here are a few examples of situations that may warrant supervised visitation:
Making Sure Visitation Time is Productive
You want to stay as informed as possible. Here are a few things you may want to watch for:
- Whether the parent shows up to each scheduled visit or frequently cancels at the last minute
- How punctual the other parent is when arriving for visits and returning the child afterward
- Who the parent brings to the visit with them and whether any guests could jeopardize the child’s safety
Supervised visits are not easy, and there may be a period of adjustment that needs to take place before things can smooth out. However, it is important to pay attention to patterns. If there is a perpetual pattern of a parent showing up late or not showing up at all, there may be a problem.
How Our Houston Visitation Lawyers Can Help You Navigate Your Case
When you work with our firm, our Houston visitation lawyers can assist you by:
- Reviewing your current orders and identifying whether a modification, enforcement action, or new filing is the best next step
- Preparing you for mediation or hearings so you understand what to expect in front of a judge or mediator
- Coordinating with other professionals such as counselors or parenting coordinators when their input can support your child’s needs
- Developing a practical plan that accounts for your work schedule, your child’s school and activities, and transportation across the Houston area
Modifying Child Visitation Orders in Houston
Over time, your family’s circumstances may change in ways that make an existing visitation order unworkable. A new work schedule, a child starting a different school, or a planned move within the Houston area can all affect whether a current schedule still serves your child’s best interests. When this happens, it is often better to seek a formal modification through the Harris County family courts than to rely on informal side agreements that are not enforceable. Working with a child visitation attorney during this process can help you present clear reasons for the requested change and minimize disruption for your children.
To learn more about your legal options, call our Houston visitation attorneys at (713) 766-5355 or contact us online today.
