How to Get Visitation Rights in Texas

 Posted on December 07, 2023 in Child Custody

When parents divorce or separate in Texas, both maintain rights to see children regularly unless shown as unfit. However, absent formal agreements, mothers often assume primary custody by default, limiting fathers’ access. Working with a Texas lawyer can help seek fair visitation ensuring ongoing parental involvement post-separation, which is important for your child to see both parents.

Filing a Custody Suit

If unable to resolve custody privately, you should file for a court order legally designating visitation rights. Begin by submitting either a Suit Affecting the Parent-Child Relationship (SAPRC) or legal action like a divorce or annulment petition with requests for defined access provisions. Outline reasonable schedules allowing quality time based on work constraints like shift hours. Illustrate capabilities nurturing children’s development needs.

Facilitating Temporary Visitation

While custody lawsuits usually get resolved in court, ask to establish temporary visitation maintaining connections lacking formal agreements. Submit proposed interim calendars facilitating routines like spending weekends together until final rulings. Highlight willingness with child exchanges cooperatively despite disputes. 

These good faith gestures demonstrate a serious commitment to your child’s interests before a judge for influencing permanent placement terms. Do everything you can to work with the other parent to show you are flexible and do what works best for your child.

Securing Supervised Visitation If Necessary

Should concerns persist around paternal fitness or past history, courts impose supervised visitation requiring neutral parties monitor interactions. Rather than jeopardizing seeing children altogether, willingly comply with probationary monitoring while demonstrating competent parenting through consistent presence and participation. Gradually earn trust proving responsible conduct over time for transitioning towards unsupervised arrangements.

Seeking Mediation Before Court

Before entering litigation, formally request alternative dispute resolution like mediation aiming to establish visitation rights cooperatively. Mediators facilitate productive discussions unpacking scheduling concerns, care capabilities, activities interests, and mutually agreeable terms given constraints. Keeping cordial relations preserves the child’s trust in both parents. Whether mediation succeeds or not, demonstrating this good faith effort makes a strong impression on judges.

Contact a Collin County, TX Family Law Attorney

Trying to get visitation or proving another parent is unfit is not always an easy task. You can benefit by having a Denton, family law lawyer on your side. With legal representation, you will know which steps to take next. Call The Law Office of Linda Risinger at 972-294-6533 for a free consultation and see which step you should take next, depending on the circumstances of your specific situation.