Visitation Laws In Texas: History & Legal Precedents
Texas courts notoriously favor shared custody of children in the event of divorce. These arrangements are believed to provide the best possible outcomes for children. While that may be the case, it can lead to complicated child custody and visitation situations. This makes understanding visitation law challenging but is essential.
Learn about some of the most important, most misunderstood, and newest issues in visitation law, today. We’ll look at what you need to know and why you shouldn’t wait to get a family law attorney involved if you have concerns.
Custody and Visitation Agreements Are Legally Binding
One of the most common questions about visitation law is the following: “Are custody and visitation agreements legally binding?” The short answer is yes. Possession and visitation agreements are binding. All parties must comply with them. Ideally, of course, courts hope that both parents will be flexible around visitation. The legal system does its best to encourage parents to act in their children’s best interests even when doing so requires going above and beyond the strict limits of the agreements in place. In no case, however, may parents ignore or defy the agreement by refusing to let the other parent see their children.
Consequences of Violating Visitation Orders
In most cases, the first-line course of action when disputes over visitation erupt is mediation. Both sides meet with a mediator and their lawyers in an attempt to resolve the issue. If that fails, the issue may move into the courts. Parents found violating the custody and visitation agreement can be charged with Contempt of Court. Penalties include fines or even incarceration.
What to Do if Your Visitation Rights Are Violated
Another frequent concern of parents in split custody arrangements is what they can do if they are denied appropriate visitation.
When this happens, the first step is to contact your child custody attorney. Your attorney can help you take the necessary steps to:
- Determine the cause of the problem
- Assess your best options
- Take steps to secure legal enforcement of your visitation when necessary
Often, problems related to visitation can stem from misunderstandings or erroneous beliefs on the part of one party. For example, some divorcees mistakenly believe that by not complying with some portion of their divorce agreement, they can force a court date over another issue they want or need to be addressed.
Hiring a lawyer to act as an intermediary or assist you in understanding the rules and process in place can help to:
- Prevent these issues
- Resolve these issues quickly when they occur
- Minimize the effects of a contentious divorce on children
Understanding Supervised Visitation
Supervised visitation is one of the most poorly understood aspects of visitation in Texas. Supervised visitation arises from the court’s desire to maintain child-parent relationships whenever it is possible to do so. Some non-custodial parents cannot safely spend time with their children alone. Yet when this happens, courts do not want to deny visitation altogether.
Instead, they create structured and safe situations where parents and children can spend time together. Under supervised visitation rules:
- Visits occur under court supervision or the supervision of a trusted family member
- Visiting parents cannot drink or use illegal drugs for a set period of time before the visit
- Other requirements, such as enrollment in counseling programs, may apply
Can Anyone Request Supervised Visitation?
Many parents may wish to request that the other parent have only supervised visitations. This is rarely how the system works.
In most cases, parents must have documented evidence that unsupervised visitation is unsafe in order to request supervised visitation. For example, a documented history of:
- Domestic violence
- Substance abuse
- Mental or emotional instability
A Critical Note
Custodial parents often assume that supervised visitation is permanent. This is a serious misunderstanding. As a rule, Texas courts do not intend for supervised visitation to be a long-term solution. Instead, they seek to get visiting parents to a point where they no longer need supervision. To this end, courts may call for parents to complete or address the following:
- Counseling or rehabilitation
- Parental education classes
- Health concerns
- Living situations
- Other factors contributing to unsafe conditions
Once these issues are addressed, courts will seek to instate unsupervised visitations. It is essential that parents in difficult custody cases realize this from the beginning. Doing so can help them and their attorneys craft realistic long-term plans in the best interests of their children.
The COVID-19 Pandemic’s Impact on Visitations
One of the newest challenges for divorced families is juggling the COVID pandemic and its impacts on their lives with child custody agreements. Many families wonder if custody and visitation agreements even still apply during these chaotic times.
Currently, it is the position of Texas courts that custody and visitation agreements do still apply. Families must continue to abide by their existing agreements to the fullest extent possible. Stay-at-home orders, curfews, and changing work and school schedules can make this difficult. Families may need to adjust their plans and be more flexible than usual. Recommended best practices include:
- Sticking to established schedules as much as possible
- Increasing general communication between parents
- Using Facetime, phone calls, and other technology to help kids and non-custodial parents stay in touch as much as possible
- Hiring an attorney to help navigate the legal requirements or mediate communication as needed
- Making good use of available support services for parents and children
When families must alter visitation behaviors, they should document those changes carefully.
Changing Custody Orders
It is also important to be aware that this may not be the best time to seek non-critical adjustments to divorce agreements. There are legal limits to how often parents can file to alter such agreements. Filing now can prevent parents from filing again for a year or more. Given how often and drastically things are changing, this can work out to not be in a parent’s best interest long-term. Parents who need or want to change their agreements anyway should also consult a family attorney first.
Don’t Tackle Family Law Alone — Contact The Law Offices of Rios, Parada, & Seañez, Today
As the rules and standards discussed here clearly show, family law is complex. Even well-intended actions can have serious consequences if they lead to violations of standing legal agreements.
If you have questions or concerns about custody or visitation, don’t act alone. Contact us today. Let our experienced attorneys help you achieve the best outcomes for your family.