When parents separate or divorce, the question of who gets to spend time with the child becomes just as important as where the child will live. Texas law recognizes that maintaining a meaningful relationship with both parents is beneficial to a child’s development. That’s why non-custodial parents are legally entitled to visitation, referred to as “possession and access” in Texas family courts.
Let’s take a closer look at how visitation works in Texas, what schedules are typically followed, and what happens when court-ordered visitation is violated.
Understanding Texas Visitation Rights
Texas law distinguishes between two types of custody: conservatorship (decision-making rights) and possession and access (visitation rights). Even if one parent is named the sole managing conservator, the other parent, known as the possessory conservator, still typically has the right to regular visitation unless it would endanger the child.
According to the Texas Attorney General’s Office, the Standard Possession Order (SPO) is the default schedule used when parents live within 100 miles of each other. It generally includes:
- First, third, and fifth weekends of each month
- Thursday evenings during the school year
- Alternating holidays
- Extended time during summer break
Parents can agree on different schedules, but if there is conflict, the court typically enforces the SPO.
Can Visitation Be Denied?
Visitation cannot be denied based on unpaid child support or minor disagreements. Unless the court finds that visitation would seriously harm the child’s well-being, the non-custodial parent retains the right to scheduled time with their child.
In contested divorce cases in Austin and throughout Texas, courts carefully examine the circumstances before modifying or restricting visitation. If safety concerns exist, supervised visitation may be ordered. If you’re unsure about your rights or obligations, consulting with contested divorce lawyers in Austin can provide much-needed clarity.
What If the Other Parent Violates the Visitation Order?
When a parent refuses to comply with a court-ordered visitation schedule, legal action may be necessary. The affected parent can file a motion to enforce, which can lead to:
- Make-up visitation time
- Fines or civil penalties
- Jail time for repeat violations
Documenting each instance of interference is important.
Modifying Visitation Orders
Life circumstances can change—job relocations, school changes, or remarriage may require a new visitation arrangement. Either parent can request a modification of the existing order. However, the parent requesting the change must prove that the modification is in the child’s best interests.
Uncontested divorce lawyers in Austin frequently assist with agreed modifications, which are faster and less costly than contested hearings. When parents agree outside of court, the process is smoother, but the updated schedule must still be court-approved to be enforceable.
Special Situations: Long-Distance Parenting and Holidays
When parents live more than 100 miles apart, the SPO adjusts to account for longer travel. Typically, the non-custodial parent receives:
- One weekend per month
- Extended time during summer
- Additional holiday time
It’s important to plan early and maintain communication, particularly during school breaks and holidays.
When You Need Legal Guidance
Visitation and custody matters can quickly become complicated. If you’re facing challenges related to your parenting time, it’s important to seek legal support. You should consider contacting a family law attorney if:
- You’re denied court-ordered visitation.
- The other parent violates the visitation schedule.
- You need to modify a visitation order.
- You’re in a contested divorce involving parenting issues.
- You face long-distance or blended family disputes.
- A cohabitation agreement affects visitation rights.
- You’re unclear about non-custodial rights.
- You need to file or respond to an enforcement motion.
- Property division impacts your visitation case.
Getting clear, experienced legal guidance can protect your rights and help you reach a workable, court-approved solution.
Know Your Rights, Protect Your Family
Understanding and asserting your Texas visitation rights is critical to maintaining a healthy relationship with your child. Whether you’re dealing with an uncooperative co-parent, seeking a modification, or enforcing a current order, legal guidance can help you find the best way forward.
Need help with visitation issues or family law concerns? At Daniel Ogbeide Law, we provide experienced support in all family law matters, including Texas visitation rights, child custody, and property division.. From divorce attorneys in Austin to legal guidance for cohabitation agreements or enforcement cases, our team is here to protect your parental rights and your child’s best interests. Contact us now!