Finding the right child visitation lawyer in Houston, TX, is essential for anyone facing child custodial and visitation issues. Not only do these situations typically involve complex legal procedures and court orders, but in many cases they stir up difficult emotions. If you are handling child custody or involved in a dispute over child custody, support, or visitation, we can help. The Cusic Law Firm has over 25 years of experience in handling complex family law proceedings in Houston. With an AVVO rating of 10 and a Board Certified proficiency in Texas family law, our child visitation attorneys are the right choice for many families. We look forward to getting to know you, and helping you fight for what is in the best interest of your children and family.
What Are Child Visitation Rights?
Simply put, child visitation rights are the allowed legal guidelines for non-custodial parents to spend time with their child. These rights are typically laid out in the “Child Visitation Agreement” or “Child Visitation Schedule“, which accompanies a divorce decree. Texas visitation rights most often allow the non-custodial parent (with whom the child does not live) to meet, take physical custody, and spend time with their children. Parents with visitation rights will always have to follow a specific, court-ordered visitation-schedule designated for a particular period of time. Considering the intensity of legal disputes that can arise with respect to child visitation, the court always decides the matter and determines a schedule it believes to be most suitable for both parents.
Child Visitation Laws in Texas
While the actual language of child visitation statutes differs from state to state, it’s very important for parents to understand the visitation rights in Texas in order to agree upon child custodial rights. Texas law typically grants sole managing conservatorship to one parent over the other. This parent becomes the primary caregiver and can make decisions for the child. As per the Texas Family Code Section 153.074, the primary custodial parent, will have the following rights and duties:
- The right to decide and determine the primary residence of the child or children.
- The right to consent any surgical or invasive procedure for the child that is medically required.
- The right to consent to any psychiatric and psychological treatment for the child.
- The right to decide, give and receive a receipt for periodic payments for the child support.
- The right to represent the child for any legal action.
- The right to consent to make decisions for the child’s education.
- And, the right to consent to marriage and to enroll in the armed forces of the United States.
Child Visitation Schedules
According to the Texas Family Law, the presumption for child visitation is based on the Standard Possession Order. The schedules vary for parents who live within 100 miles of each other and for parents who live more than 100 miles apart. Some of the most frequent child visitation schedules in Texas are:
- First, third or fifth weekends of every month.
- Weekend schedule.
- Extended visitation during the spring break and summer.
- Alternating holidays.
- No mid-week visitation.
If both the parents file for a custodial modification, the court may modify the Standard Possession Order as per the parents’ and the child’s best interest.
Texas Child Visitation Enforcement
The Texas Child Visitation Enforcement is a legal way to make a person follow the court-ordered visitation schedules and child custody rights. Even though parents are encouraged and are required to come to a joint agreement to resolve disputes, visitation enforcement is solely handled by district or county courts as a part of the child support establishment process.
Texas is one of a few states in this country that establishes parenting/visitation orders as part of the child support establishment process after the hearing.
Request a Free Consultation from a Houston Child Visitation Attorney
If you need more information about your child visitation rights, their enforcement, or modification, you are in good hands. Our Houston child visitation attorneys are standing by to help you understand your rights and fight for them. Call us today to schedule a free, 30 minute consultation to learn more about your specific case. We look forward to learning more about your situation and how we can help.