Dallas Visitation Attorney

When you file for divorce, the non-custodial parent in a child custody situation will probably receive visitation rights. This gives the non-custodial parent a legal right to spend time with his or her children despite the fact that he or she is not the primary caretaker. Normally, visitation alone does not give the non-custodial parent any right to make decisions for the child. Instead, visitation allows the non-custodial parent to come and see the child or to have the child come to see him or her on a regular basis.

Reasonable Visitation

When the court determines the visitation rights of a non-custodial parent, the court order will normally require "reasonable visitation." Reasonable visitation means that the parents will be required to work out schedules of times and places to arrange for visitation on a regular basis. When parents are still on speaking terms, they may be able to come up with a reasonable visitation plan on their own.

Making a Fixed Visitation Schedule

If you are going to be seeking visitation in your divorce, you will want to create a visitation schedule to present to the court. This schedule should have regular, consistent days when the non-custodial parent is allowed to spend time with his or her children. The schedule should also factor in holidays and vacation times when the parent may want to share special memories with the children. The court can assist you with creating this schedule, but it is valuable to have a legal advocate on your side. The schedule will be enforced by the court once it is approved. If you cannot create a schedule on your own because of hostilities with your spouse, the court will create one for you.

What to Do When You Are Denied Visitation

The Texas courts will not deny visitation unless they receive proof that a parent is not a good influence or presence for the child and therefore should be restrained from seeing him or her. Often, denied visitation comes with a restraining order. Reasons for denied visitation include domestic violence or a felony conviction. If you are working through creating a visitation plan or resolving a dispute, don't hesitate to call Holland & Martin, PC to work with you in your case!

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