When a couple gets divorced in Texas, child custody may be issued to either one or both the parents in the form of a sole or joint legal custody. In a situation where one parent is rejected the custody, he or she may be granted child visitation rights. Such child visitation rights are basically the legal rights that a non-custodian parent possesses to access and spend time with the child or children involved.
Occasions on Which Child Visitation is Permitted
The Texas Legislature deems the following occasions eligible for visitation by the non-custodian parent, if he or she resides within a 100 miles of the child:
- Weekends
- Christmas
- Thanksgiving
- Spring Break
- Summer
- Child’s Birthday
- Mother’s Day or Father’s Day Weekend
If the non-custodial parent lives more than 100 miles away from the child, visitation is limited to Spring Break, approximately 40 days in the summer, and one weekend every month. The custodial parent must be informed of these beforehand.
Visitation is subject to strict timings. The non-custodial parent must strongly adhere to these to avoid legal conflict.
Supervised Visitation
If the court does not find the non-custodial parent fit to spend time alone with the child due to mental instability, violent family history or any other reason, he or she may be granted supervised visitation rights. In such situations, the non-custodial parent can only be with the child at a certain time and place, while in the supervision of a legal authority.
Extended Family Visitation Rights
In some cases, the child’s grandparents, aunts, or uncles on the non-custodial parent’s side may find that adequate care is not being provided to the child. They may appeal for visitation rights to a Texas court. Such cases are very intricate and require the competent expertise of a family lawyer. Allowances are usually made only if the custodial parent is significantly obstructing the child’s development, either physically or psychologically. Cultural issues cause conflict here. The custodial parent’s extended family can have access to the child, so long as permission is granted by the custodial parent.
On the other hand, if you’ve already got the visitation rights, and your ex-partner is refusing you access to your children at the legally specified times, you may even obtain a court order setting out your visitation terms. Said custodial parent may even be charged as guilty in court upon infringement of this agreement. The most reasonable option would be to consult with a child custody lawyer as soon as possible to make sure you acquire the rights you are entitled to with your children.
