A Father's Rights to Visitation in Texas
Texas law states that fathers have the right to visit with their children. Courts will allow fathers to visit with their children, even over the objection of the mother, absent compelling evidence that visitation is inappropriate in a particular situation.
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Right to Access
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Texas statutes provide a right to regular access, and courts will fashion a visitation schedule that includes weekend and holiday visits.
Visitation Schedule
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If the parties can agree upon a visitation schedule, the court will enforce it. If the parties are unable to reach an agreement, the court will fashion a schedule for the parties.
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Evidence of Harmfulness
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If the mother of the child or another interested party can show that visitation would be harmful to the child, visitation will not be permitted. This generally occurs when there is a history of violence or abuse.
Other Rights
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Texas law also provides noncustodial parents, including fathers, the right to access their children's medical or educational records.
Denial of Visitation
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The custodial parent never has the right to deny access to the child for court-ordered visits under Texas law, even if the father is behind on his child-support payments.
Frequent Visitation Preferred
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There is a presumption that allowing regular access to children is in their best interest, because studies have shown that children who see their fathers on a regular basis do better in school and are far less likely to engage in criminal behavior.
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