Visitation Rights

When a parent does not live in the same home as a child, they are not automatically guaranteed visitation.    When the two parents do not live together or the child is under the care of another adult the parents may be prevented from seeing their child.  Understanding visitation rights and how to establish them is crucial.

Many things that can keep a parent from seeing their child.  To ensure visitation rights, a parent can seek legal help.  By getting legal help, parents will gain a better understanding of their rights and how to establish those rights.

Establishing Visitation Rights

Visitation rights can be determined by the agreement of both parties or by a court order. In amicable settings between the parents, it is possible that a visitation agreement can be created. The key to the agreement is to make sure that it covers all of the different scenarios that can arise.  It is common for disputes to arise while co-parenting your child.  Therefore, a well-written document is essential to resolve disputes. The agreement needs to be enforceable for both parties.

For an agreement to work, legal help may be necessary.  The document should make sure that all parts of the agreement are enforceable. There should be few questions about what a parent’s visitation rights;  what is included and what is not included.  A well-written document with proper language can prevent disputes from happening.

Visitation rights can also be established by courts. Proper documents are essential to ensure that what is put into the court order is what is desired, will work for the parties, and enforcement.   Documents need to be filled out completely and filed with the courts to accomplish this.  A court may have additional requirements for determining what visitation rights a person should have.

Length and timing of visitation, supervision during the visitation and how any violations are handled are commonly included in the court order or agreement.   A good visitation agreement can also be changed if the situations surrounding the parents or child change.

People often have the following types of questions:

• What are my child visitation rights?
• How do I know if I have child visitation rights?
• Do my rights in Texas differ?
• Can the non-custodial parent deny me with these rights?
• What if the non-custodial parent interferes with my visitation?
• Who can help me get child visitation?

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