Dallas Child Visitation Attorney
In divorce cases, child visitation arrangements are a crucial aspect of ensuring that children maintain strong relationships with both parents, even when they live separately. However, crafting a suitable visitation plan can be challenging, depending on the circumstances of each parent and the child’s specific needs. In situations where parents cannot come to an agreement, the court may need to intervene to establish a suitable arrangement for the child.
In Texas, there are several options available to parents seeking to create a child visitation agreement or possession order that serves their child’s best interests. If you find yourself uncertain about which approach is most suitable for your situation, you can rely on the expertise of the Dallas child visitation lawyers at Burns Iwuji, PLLC.
Our legal team is dedicated to ensuring that you and your child have the right visitation arrangement in place. We also provide guidance on the legal remedies available if you require modifications or enforcement orders from the court in the future. Your child’s well-being is our top priority, and we are here to assist you in navigating this important aspect of family law with professionalism and care.
Call Burns Iwuji, PLLC at (469) 213-3316 for your Free Case Evaluation with a Dallas Child Visitation Lawyer.
Possession Orders in Texas
In Texas, child visitation orders are legally referred to as possession orders. These orders specify the specific times when each parent or nonparent is entitled to spend time with the child and can be obtained through the appropriate court with jurisdiction over the child.
Our team of Dallas child visitation lawyers is here to assist you in understanding the different types of possession orders that can be sought to fit your unique circumstances. We’ll provide you with the guidance and legal expertise needed to navigate this aspect of family law effectively and make informed decisions regarding your child’s visitation arrangements.
Standard Possession Order
The Texas Family Code generally presumes that a Standard Possession Order is suitable for children aged three and older, as it
is designed to serve their best interests. This order allows both parents to have possession of the child whenever they mutually agree on the arrangement. However, in cases of disagreement, the non-custodial parent has the right to spend time with their child based on specific times outlined in the Family Code, provided they live within 50 miles of each other.
For parents living within 100 miles of each other, the non-custodial parent’s visitation can include:
- The 1st, 3rd, and 5th weekends of each month.
- Thursday evenings during the school year.
- Alternating holidays.
- Up to 30 days during the child’s summer break.
If the parents live more than 100 miles apart, the visitation schedule may be adjusted as follows:
- Weekend schedules may remain the same or be reduced to one weekend each month.
- There may be no mid-week visits.
- Holidays may follow the same pattern.
- The non-custodial parent can have up to 42 days during the child’s summer and spring breaks.
These guidelines help ensure a structured and consistent visitation plan for both parents and the child while considering the distance between their residences.
Modified Possession Order
The Standard Possession Order might not always suit both parents’ unique circumstances, and in contested cases, a judge may consider alternative possession orders. Both parents have the option to modify a Standard Possession Order to better align with their specific needs and requirements. An experienced family law firm, such as Burns Iwuji, PLLC, can provide the necessary legal assistance to draft and formalize a modified possession order that accurately reflects the parties’ mutual agreement and is legally recognized by the court.
Possession Orders for a Child Under Three
It’s important to note that the legal presumption in favor of a possession order doesn’t apply to children under three, as possession orders are typically designed for children older than three. Younger children, particularly those under three, require specialized support and care. However, parents of children under three can still request a Standard Possession Order or propose an alternative possession schedule to establish a visitation arrangement. In cases where both parents cannot come to an agreement on a schedule, the court will consider relevant factors to determine a suitable visitation arrangement that serves the best interests of both parties involved.
Our Dallas child visitation lawyers are experienced in crafting possession orders tailored to the needs of children under three. We can collaborate with the other party’s lawyer to refine the order further, ensuring that it accounts for the unique requirements of your child’s age and development.
Supervised Possession Orders
In situations where there are concerns about the child’s safety during visitation schedules, a judge may issue a supervised visitation order. Under this arrangement, a family member, a third party, or a specialized agency is designated to supervise the visitation. If a private agency is assigned for supervision, the visiting parent is responsible for covering the associated fees.
It’s important to note that there are instances where a judge may prohibit visitation entirely. While such cases are rare, they typically arise when it’s determined that the visiting parent, even under supervision, poses a risk of physical or emotional harm to the child. If you have concerns about your child’s safety during these supervised visits, the custodial parent can consult with one of our dedicated Dallas child visitation lawyers at Burns Iwuji, PLLC for guidance and legal support.
Possession Order Modification
After the court issues a possession order, circumstances in the lives of both parents may change, necessitating a modification of the existing visitation arrangements. Such modifications can be considered by the court after one year has passed from the issuance of the initial order. When evaluating modification requests, the court always prioritizes the best interests of the child. Several factors are taken into account, including changed circumstances, the child’s preferences, and custody relinquishment.
Either parent has the right to file a petition for modification in the same court that issued the original order. It’s crucial to emphasize that parents seeking a modification must provide legal evidence to support their request. If the child has moved to a different county and has resided there for at least six months, the petition should be filed in the court having jurisdiction over that county. If the child relocates to another state, it is advisable to seek the assistance of a skilled child visitation lawyer.
At Burns Iwuji, PLLC, we can assist you in determining whether a modification of the possession order is necessary and guide you through the process of filing the petition in court. Our experienced team will also help gather the appropriate documentation to substantiate your request and ensure that the other party is informed about the petition. Additionally, we can provide support in modifying out-of-state visitation orders if the child relocates to another state. Your child’s best interests are always our top priority.
Visitation Enforcement
Even when the court issues a possession order, it’s essential for both parties to recognize and adhere to the order’s provisions. If
a parent’s visitation rights are violated, they should document the specific provisions that were breached or not followed, provide evidence of the other party’s actions, and clearly state their desired course of action. Subsequently, the aggrieved parent can file a motion with the court, presenting their evidence for consideration. It’s important to note that violating a court order can lead to severe penalties, including imprisonment and fines.
Conversely, a parent who has custody of the child can file a motion to enforce visitation if the other parent fails to adhere to the visitation guidelines outlined in the order. In this case, the custodial parent must demonstrate how the other parent violated these guidelines while showing their own compliance with the visitation agreement. They can then request a remedy or relief to rectify the situation, ensuring that the visitation order is adhered to. Importantly, the other parent must be formally notified if an enforcement action is requested from the court.
Our legal team is always prepared to assist you in seeking the court’s intervention to enforce the possession order and request relief from the other party. We can help you compile the necessary evidence and prepare the petition on your behalf. You can trust us to provide guidance on other legal actions that may be applicable to your case, ensuring that your rights and the best interests of your child are protected.
Case Evaluation with an Experienced Child Visitation Lawyer
Every parent deserves the opportunity to be a part of their child’s life, even when living separately from them. It’s crucial that the custodial parent does not deny visitation rights, especially if the court has become involved in the case.
As your trusted family law firm in Dallas, Texas, we are here to facilitate the establishment of a fair and workable child
visitation arrangement that all parties involved can agree upon. Moreover, if modifications or enforcement actions are required, we stand ready to assist.
Our doors are always open to all parties, and we are committed to being by your side throughout the entire process. We understand the significance of maintaining and nurturing your relationship with your child, and we are dedicated to ensuring that it is not jeopardized during these challenging times.
Call Burns Iwuji, PLLC at (469) 213-3316 for your Free Case Evaluation with a Dallas Child Visitation Lawyer.