June 12, 2015 | Share
How Child Visitation Works in Texas
Working out child visitation during a divorce can be a stressful negotiation period. You want what’s best for your children, but you want to spend time with them too. By working with a Frisco child visitation lawyer at the offices of Nordhaus Walpole PLLC, we can develop a strategy that helps ensure you and your children spend the right amount of time together.
Understanding the big picture when it comes to child custody and visitation will help things go as smoothly as possible. While conflict may arise during negotiations, an experienced attorney can assist in creating visitation plans that are truly in the child’s best interest.
In Texas, child visitation is a matter of conservatorship, known conversationally as custody. There are two types of conservatorship — managing and possessory.
Managing conservatorship gives the parent the authority to make decisions about legal matters and choose things like where the child attends school, church or the doctor. Possessory conservatorship is physical custody, so child visitation depends on possessory conservatorship.
Visitation After Your Divorce
Visitation after your divorce is usually straightforward. The court lays out who has how much custody and following the order is the key to making sure everything goes well for you, your former spouse and, most importantly, your child.
Sometimes life happens, though. A work project extends into the weekend, someone gets ill or some other obstacle that can keep people on their toes occurs. When this happens, it is crucial to your visitation rights that you communicate promptly.
By working with a child visitation attorney, we can work flexibility into the agreement for when these sorts of things happen because they happen to everyone — but failing to communicate when they do can lead to problems.
Visitation time is determined by the child’s best interest. If you fail to keep your agreement, spending time with you may not be considered in the child’s best interest anymore.
Visitation Before Your Divorce
If your divorce is not final yet, you have a slightly different situation. Your attorney may be able to work out a favorable arrangement for you to spend time with your children, but it depends on where the children are, where each spouse is and what the parental relationship is.
Discuss what you think is best and work closely with an experienced lawyer to help set the stage for the future.
Visitation and Moving
It’s also not unusual after a divorce for one parent to want to move. In some cases, this is expressly forbidden. In others, it is not forbidden, but it can complicate things. The child’s best interest may not be served by moving around frequently or by having to split time between two places that are far from each other.
Depending on who has managing conservatorship over the child or children, you may find that a move cuts into the time you spend with your children. There are a few avenues in this case, including modifying visitation orders, modifying child support orders or, in extreme cases, even attempting to stop a parent from moving.
While we always hope to find a swift resolution that allows the parties to move forward with their lives, the courts tend to look poorly upon moving solely for the purpose of denying visitation or actively seeking reasons to move to deny visitation.
In these instances, you may require aggressive representation. Please feel free to contact our offices for help.
Categories: Family Law & Divorce