Visitation Rights for Children Under Three-Years-Old in Texas

Although both parents are entitled to certain rights, Texas courts may limit those rights for good cause.

The Texas Family Code governs the rights and obligations of parents. Judges must determine custody and visitation rights with the primary goal being what is in the child's best interests. Evidence of domestic violence committed by a parent may affect visitation.

Best Interests

Public policy in enacting visitation guidelines takes into consideration whether a parent has acted in the best interests of the child by providing a "safe, stable, and nonviolent environment." Judges also consider whether access to the child will promote the child's physical health and emotional welfare.

Mediation

Texas courts faced with custody and visitation issues are assisted to some degree through the use of arbitrators and mediators. Parents are encouraged to cooperate and participate in formulating a parenting plan in the best interests of their child.

Laws

Judges may deviate from standard visitation orders in cases in which there is a child less than three-years-old. Upon a child's third birthday, the court will usually have provided for a prospective standard visitation order. Courts must consider any factors present in the parental relationship, such as the presence of child abuse or neglect, domestic violence and the age, developmental status, circumstances and needs of the child.

References

• Texas Family Code: Section 153.001, et seq.
• Texas Family Code: Section 151.001, et seq.