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Child Visitation Rights in Texas: What Are Non-Custodial Parents Entitled To?

Understanding Child Visitation Rights in Texas

In the state of Texas, when parents divorce, one of the most critical issues they face is the matter of child custody and visitation rights. While the custodial parent retains primary physical custody of the child, it is essential to understand what visitation entitlements, commonly referred to as 'possession' or 'access', are available to non-custodial parents. This article aims to delve into the nuances of child visitation rights in Texas, providing clarity and guidance to non-custodial parents seeking to maintain a meaningful relationship with their children.

Child Visitation Rights in Texas: What Are Non-Custodial Parents Entitled To? image

Standard Possession Order (SPO)

The Texas Family Code outlines a Standard Possession Order (SPO), which serves as a default schedule for non-custodial parents. The SPO typically grants visitation on the first, third, and fifth weekends of each month, Thursday evenings during the school year, alternating holidays, and extended time during summer vacations. However, this schedule can be adjusted based on the child's age, needs, and distance from the non-custodial parent's residence.

Factors Affecting Visitation Rights

Several factors can influence a non-custodial parent's visitation rights. These include:

Modification of Visitation Rights

If circumstances change significantly, either parent can request a modification of the visitation order. For example, if a non-custodial parent relocates closer to the child or demonstrates an improved capacity to care for the child, they may petition for increased visitation. Conversely, if there is evidence that increased access would harm the child's well-being, the custodial parent might seek to limit visitation.

Enforcing Visitation Rights

Non-custodial parents have legal remedies if their visitation rights are obstructed. They may file an enforcement action with the court to compel adherence to the possession order. It is illegal for a custodial parent to deny visitation solely because of unpaid child support.

Conclusion

In conclusion, non-custodial parents in Texas are entitled to maintain significant contact with their children through carefully structured visitation rights that prioritize the best interest of the child. Understanding these rights and how they can be modified or enforced ensures that both parents remain active participants in their children's lives post-divorce.