Texas Child Visitation Rules & Laws
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In Texas, parents without child custody can ask for visitation rights.
father and son image by Diane Stamatelatos from Fotolia.com
Parents who do not have child custody can still have relationships with their children through visitation. The Texas attorney general's office has encouraged parents to acknowledge the benefits of having the child know both parents, even if the parents themselves do not get along. Parents should learn about their visitation rights under Texas law and consult with a Texas child custody lawyer if they need help with their legal options.
Paternity Requirement
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Only the child's legal mother and legal father have parental rights, which includes the right to ask a court for child visitation. Generally, Texas law identifies the child's legal mother automatically at birth. The state also identifies the man who is married to the child's mother at the birth as the legal father. An unmarried biological father must establish paternity in order to have parental rights in Texas---he can do so if both parents voluntarily sign an acknowledgment of paternity or he can get a court order in a paternity lawsuit. If an unmarried father does not register with the Texas registry of paternity within 31 days of the child's birth, he could lose his parental rights permanently if the baby is adopted.
Child Custody and Possession Orders
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The Texas court will make custody and visitation orders as part of a married couple's divorce decree, unmarried parents' paternity decree or other suit affecting the parent-child relationship. The court will make its orders by considering the child's best interest as guided by the Texas Family Code. Texas law refers to the parent who has primary physical custody as the "primary managing conservator," while the other parent is the "noncustodial parent." The noncustodial parent has the right to a "standard possession order" that states when he shall spend time with the child---parents often refer to this time as visitation. According to Legal Aid NorthWest Texas, the noncustodial parent has a right to specific amounts of possession time on weekends, weekdays, summers, holidays and the child's birthdays.
Visitation and Child Support
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The noncustodial parent may wonder why she must pay child support if the other parent ignores a possession order. The Texas attorney general reminds parents that the child has a right to benefit from both parents' financial support, regardless of visitation disputes. Parents can receive assistance with child visitation enforcement issues through the Texas courts or local organizations.
Visitation for Incarcerated Parents
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A Texas court can consider the legal parent's incarceration as a factor when making child custody or visitation orders. The court will rarely order visitation for a parent who is currently incarcerated. When the noncustodial parent leaves prison, he can file a petition for visitation, but the court has the discretion to grant or deny the petition depending on the best interest of the child. Even so, Legal Aid NorthWest Texas has noted that under some circumstances, the previously incarcerated noncustodial parent may be able to obtain some visitation rights.
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- Photo Credit father and son image by Diane Stamatelatos from Fotolia.com
