What happens when two parents can no longer agree on the time they each get to spend with their child? It’s a tough question, but it’s one that thousands of families face every day. While emotions can run high during a divorce, one of the most sensitive—and often contentious—issues is determining child visitation rights.
At Daniel Ogbeide Law, we understand how deeply personal and painful these decisions can be. We focus on helping parents find legal solutions that prioritize the child’s well-being while preserving meaningful relationships with both parents. Whether you’re facing a contested or uncontested divorce, or need guidance on parenting schedules, our experienced team is here to help. Our firm is known for providing professional and affordable representation in all types of divorce cases, including those involving child custody and visitation disputes.
In this article, we’ll explain how child visitation rights are decided during a divorce, the key factors courts look at, and how parents can work together to develop practical, fair arrangements.
What Are Child Visitation Rights?
Child visitation rights refer to the legal rights of a non-custodial parent to spend time with their child. When one parent is awarded primary custody, the other usually receives scheduled visitation, unless there are serious concerns like abuse or neglect. These arrangements can be agreed upon by the parents or ordered by the court.
There are several types of visitation:
- Scheduled visitation (e.g., every other weekend, holidays)
- Reasonable visitation, where parents are flexible and agree on times as needed
- Supervised visitation, when a third party must be present due to safety concerns
How Are Visitation Rights Determined?
Courts focus on the best interest of the child—not the convenience of the parents. While each case is unique, judges generally consider the following:
- Age and emotional needs of the child
- Relationship between the child and each parent
- Stability of each parent’s home environment
- Each parent’s willingness to encourage a relationship with the other parent
- History of domestic violence or substance abuse
- Geographical proximity of the parents’ homes
If the parents can’t agree, the court will decide for them. In contested divorce cases, this process can become lengthy and adversarial. That’s why having experienced contested divorce lawyers involved early can help protect your rights and your child’s future.
Parenting Plans: Building a Fair Visitation Schedule
When parents are able to work together, they can create a parenting plan that includes a detailed visitation schedule. Courts often approve these plans as long as they serve the child’s best interests.
A strong parenting plan includes:
- Weekday and weekend schedules
- Holiday and school break rotations
- Transportation responsibilities
- How changes and conflicts will be handled
For uncontested divorce cases, a clear and agreed-upon parenting plan can help speed up the legal process and reduce stress for everyone involved.
Modifying Visitation Orders
Life changes. Work schedules shift, kids grow older, and sometimes existing visitation plans no longer work. If either parent wants to change the visitation schedule, they must go back to court to request a modification. Courts usually require proof of a significant change in circumstances, such as:
- A parent relocating
- A change in the child’s school or health needs
- Evidence of a parent not following the existing order
What If the Other Parent Violates the Visitation Agreement?
When one parent consistently ignores the schedule or prevents visits, legal action may be necessary. Courts can:
- Enforce the existing order
- Modify the order
- Sanction the violating parent, including fines or changes to custody
Documentation is key. Keep a record of missed visits, communication, and any concerning behavior to support your case if legal steps become necessary.
How We Can Help You Protect Your Visitation Rights
Are you currently unsure how often you’ll be able to see your child after a divorce? Do you feel overwhelmed by legal paperwork and court procedures? You’re not alone—and you don’t have to handle it alone either.
At Daniel Ogbeide Law, we offer the kind of legal representation that puts families first. Our team of affordable divorce attorneys handles everything from contested divorces involving child custody battles to more straightforward uncontested divorce cases. If you’re in a common-law marriage or are facing a difficult split, we’re ready to step in with legal strategies that prioritize your relationship with your child.
We also understand that every family situation is different. That’s why we take the time to listen, evaluate your needs, and provide clear legal guidance. Whether you’re searching for a common-law divorce attorney or need strong representation in a contested divorce, we are here to protect your parental rights and help ensure that your child visitation arrangement is fair, enforceable, and in your child’s best interest.
Contact Daniel Ogbeide Law today to speak with experienced contested divorce attorneys in Houston who can help you assert your child visitation rights with confidence. Let us help you take the next step toward a secure future for you and your family.