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Houston Child Visitation Lawyers

Your Houston Child Visitation Lawyer

During divorce cases, child visitation will be included in the discussions so children can maintain a strong relationship with their parents even if they live separately. However, sorting out a good visitation arrangement can be tricky depending on the situation of both parents and the child’s needs. The court can even be involved in sorting out a good arrangement for the child if both parents cannot make an agreement.

In Texas, several options are available for parents to sort out a child visitation agreement or possession order for their child’s benefit. But, if you are uncertain which one is best, you can trust the Houston child visitation lawyers of Davis and Associates to assist. Our legal team is committed to ensuring you get the right arrangement for you and your child and have access to legal remedies available should you need modification or enforcement orders from the court.

Call Davis and Associates at (281) 377-4718 for your Consultation with a Houston Child Visitation Lawyer.

Possession Orders in Texas

In Texas, child visitation orders are known as possession orders. A possession order will indicate when each parent or nonparent has the right to be with a child and can be requested from the court that has jurisdiction over the child.

Our Houston child visitation lawyers can help you explore the various possession orders that can be requested for your situation.

Standard Possession Order

Texas Family Code presumes that a Standard Possession Order is ideal because it will respond to the best interests of the child ages three and up. The order also indicates that both parents may have possession of the child whenever they both agree to the arrangement. If they do not agree, the non-custodial parent has the right to be with their child at the indicated times listed in the Family Code if they live within 50 miles of one another.

If they live within 100 miles of each other, the non-custodial parent can be with their child during the following:

The 1st, 3rd, 5th weekends of each month
Thursday evenings during the school year
Alternating holidays
30 days during the child’s summer break

If the parents live more than 100 miles apart, the schedule can be:

Weekend schedules can be the same or reduced to one weekend each month
No mid-week visits
Same holidays
42 days during their summer and spring break

Modified Possession Order

The Standard Possession Order may not be applicable to both you and the other parent due to your situation. The judge may also consider a different possession order if the case is contested. Both parties can modify a Standard Possession Order and apply the needed guidelines to match the needs of both parties. A lawyer from an experienced family law firm, like Davis and Associates, can help write a modified possession order and get it recognized by the court.

Possession Orders for a Child Under Three

If the child is under three, the legal presumption that a possession order is in their best interest is not applied as all possession orders are applicable only to those who are older than three, and children under three require additional support. Parents can still request a Standard Possession Order or a different possession schedule to sort out a visitation arrangement. If both parents cannot agree on a schedule, the court can look into the relevant factors that need to be considered for a visitation setup to be suitable for both parties.

Our Houston child visitation lawyer can help you write a possession order for your child and work alongside the other party’s lawyer to polish it further.

Supervised Possession Orders

A judge can order a supervised visit if there is a concern regarding the child’s safety during these visitation schedules. A family member, a third party, or a special agency may be assigned to supervise the visit. If a private agency is assigned to the case, the visiting parent will be the one to pay the fees.

It is crucial to consider that there are cases where a judge will not permit any visitation. While rare, this usually happens when the parent, even if supervised, would cause physical and emotional trouble to the child. The parent with custody of the child can speak to one of our assigned Houston child visitation lawyers at Davis and Associates if you have any concerns about your child’s safety during these visits.

Possession Order Modification

After the court issues a possession order, the circumstances of both parents may change, which will require a modification to the current visitation arrangements after one year. The court will take into consideration the child’s best interest when deciding if a modification should be approved or not, as well as one of the following situations: changed circumstances, the child’s preference, and custody relinquishment.

Either parent can file a petition to modify it in the court that issued the original court order. It is important to note that parents applying for a modification must present legal evidence that will support their request. If the child moved to a different county and stayed there for six months, the petition must be filed in the court handling that county. If the child moves to a different state, asking for legal assistance from a talented child visitation lawyer is recommended.

Davis and Associates can help you determine if there is a need to request a possession order modification and file the petition in court. Our team will also assist in collecting the appropriate documentation to support the request and ensure the other party is aware of the request. We can also modify the out-of-state visitation order if the child moves out of the state.

Visitation Enforcement

Even if the court orders a possession order, there are chances wherein the other party needs to recognize and comply with the order. The parent whose visitation rights are violated must provide the provisions the other party violated or failed to enforce, documentation on how they acted, and what they want the court to do. The parent can then file a motion with their evidence to the court for consideration. Violating a court order in any way can result in severe penalties such as jail time and fines.

Alternatively, a parent who has custody of the child can file for a motion to enforce a denial of visitation should the other parent fail to follow the visitation guidelines set to them. The parent must show how the other parent violated the guidelines while showing that they followed their side of the visitation agreement. They can then request a remedy or relief while the visitation order is agreed upon. The other parent must be notified should an enforcement action be requested from the court.

Our legal team is always ready to assist you in seeking the court’s action to enforce the possession order and request relief from the other party. We can help you sort out the evidence and make the petition on your behalf. You can also trust us to advise you on other legal actions that can be taken for the case.

Consultation with an Experienced Child Visitation Lawyer

Every parent deserves to be a part of their child’s life even if they are no longer living with them. The other parent who has custody of their children should not deny their right, especially if the court gets involved in the case.

As your Houston, TX family law firm, we will assist you in sorting out a child visitation arrangement that all parties can agree on and help with any modification or enforcement if needed. Our doors are open to all parties at any time, and we guarantee we will be with you at every step so your relationship with your child isn’t put at risk.