Visitation Lawyer in Pearland

Serving Families in Harris County and Surrounding Areas

In addition to custody, one of the biggest battles in a family law matter is the possession and access of the children. Texas has a standard schedule that is usually employed in most cases. Because the primary concern of the court is doing what is in the best interest of the child, there are many instances when the standard schedule is inappropriate or unworkable for the child in question.

Understanding Texas Visitation Laws with a Visitation Lawyer

Texas has specific laws regarding child visitation that aim to balance the rights and responsibilities of both parents while prioritizing the child's best interest. These laws define the guidelines for the Standard Possession Order (SPO), which serves as a default schedule for non-custodial parents. However, understanding these guidelines can be complex, as they intersect with various factors such as the parents' locations, the child's age, and specific family dynamics. Importantly, Texas allows for adjustments to these schedules when necessary, providing flexibility to accommodate diverse family needs. At The Dieye Firm, we are well-versed in navigating these intricacies to help create visitation schedules that align with legal standards and personal circumstances.

Customized Visitation Plans in Pearland

The demographic and cultural diversity in Pearland can significantly influence visitation arrangements. Families may have unique cultural practices or requirements that must be considered when structuring visitation plans. At The Dieye Firm, we recognize the importance of creating visitation schedules that respect and integrate these cultural nuances. Whether this involves crafting arrangements around specific cultural festivities or addressing language barriers within parental communication, our firm is committed to fostering inclusive and culturally competent legal solutions. By collaborating with families, we aim to develop comprehensive, customized visitation plans that reflect each family’s values and circumstances.

For experienced guidance, speak with a skilled visitation lawyer in Pearland, contact The Dieye Firm online, or call (832) 299-1990 to schedule a consultation.

Visitation or Possession

Generally, visitation can be as agreed between the parents. Absent such an agreement, the default visitation schedule is called the Standard Possession Order, or SPO for short. Essentially, the non-custodial parent has access to the child on the first, third, and fifth Friday of each month from 6:00 p.m. until the following Sunday at 6:00 p.m. They will also usually have one mid-week period of possession (usually Thursday from 6-8), alternating holidays, and a month in the summer. This schedule can be expanded, where the non-custodial parent will be able to have the child from the time the child is regularly dismissed from school until the time school starts on Monday on their weekends. This is a very simple explanation of the SPO so seeking the advice of counsel is crucial. 

Parties can agree to a number of creative visitation schedules that work best for their particular circumstances. If one parent works shift work, then an SPO would often not work, and they could be deprived of adequate visitation for their child. Parents and courts can develop a schedule that works for these unusual situations in order to ensure the child and the parent have a reasonable opportunity to build a strong relationship. 

If a parent has been found to be guilty of neglect or abuse, or there are problems with substance abuse, then supervised visitation might be the best option for that parent. A supervising entity might be a person that the parties agree is capable of monitoring visits. In some more extreme cases, visitations might occur at a facility that is specially designed to support supervised visits. 

Modifying Visitation Orders

Visitation schedules can always be changed. In fact, most parties can agree to tweak the schedule without having to resort to court. For example, if a party has to travel out of town on the weekend they are normally entitled to possession, they might agree to swap weekends with the other parent. As long as the parents agree, and the changes are small, there is no need to modify the orders.

However, if there is a material and substantial change in circumstances, a court order modifying the schedule is warranted. Unless the parties agree to the changed schedule, the party requesting the change carries the burden of proof to show that the order should be changed. Sometimes this can involve getting a new job that has an unusual schedule, like working offshore for a period of weeks. Sometimes, the relocation or one parent might be involved. 

How We Can Help

The Dieye Firm handles modification of custody orders, support, and visitation orders frequently. We can help craft a workable solution or represent you in court. All parents have the right to develop a meaningful relationship with their child and they get the opportunity to do so through visitation. We can fight for the best possible visitation schedule for your family. 

Connect with a possession and visitation attorney in Pearland from The Dieye Firm. Call (832) 299-1990 or reach out online to set up a consultation.

Frequently Asked Questions About Visitation

What is the Standard Possession Order in Texas?

The Standard Possession Order (SPO) in Texas is a court-ordered schedule that dictates the visitation times for the non-custodial parent. Under the SPO, the non-custodial parent typically has the child on the first, third, and fifth weekends of each month, along with a mid-week visit. This schedule also includes alternating holidays and extended periods during summer vacations. While the SPO provides a framework, it is not rigid; courts and parents can modify the schedule to better fit the family's needs. This flexibility is crucial in accommodating the changing lifestyles and schedules of both parents and children. Understanding and utilizing this flexibility can help achieve a setup that benefits all parties involved.

How Can I Modify a Visitation Order?

Modifying a visitation order typically involves demonstrating a significant change in circumstances that warrants a revision of the current agreement. Such changes might include a parent's relocation, alterations in the child's school or extracurricular schedule, or shifts in a parent's work hours. Engaging with a visitation attorney can facilitate this process, ensuring the necessary documentation and evidence are submitted to support the modification request. At The Dieye Firm, we assist clients in Pearland with navigating these legal processes, offering advice and representation that aligns with their unique needs.

What Should I Do If My Ex Violates Our Visitation Agreement?

If an ex-partner violates the terms of a visitation agreement, it is crucial to document each instance of non-compliance. Keeping detailed records of missed visitations or deviations from the agreed schedule can support any legal proceedings. In Texas, parents can file a motion to enforce the visitation order, which would require a court hearing to address the violations. Engaging a knowledgeable visitation attorney can help streamline this process, ensuring that your rights and the best interests of your children are protected. At The Dieye Firm, we offer guidance and support to navigate these challenges effectively.

How Do Holidays Affect Visitation Schedules?

Holiday schedules can often differ from regular visitation schedules, as they account for special occasions and cultural practices. In Texas, standard visitation often includes alternating holiday visitation, allowing each parent to spend significant holidays with their child in alternating years. However, families can agree to customize these arrangements to better suit their traditions and needs, ensuring that each parent gets the opportunity to share important cultural or family events with their children. At The Dieye Firm, we work with families to adapt holiday schedules that respect their traditions and maximize family time.

What Role Does Mediation Play in Visitation Disputes?

Mediation serves as an alternative dispute resolution method that can be particularly effective in visitation disputes. This process involves a neutral third party who assists both parents in negotiating an agreement that works for their unique circumstances. Mediation not only encourages collaborative problem-solving but also tends to be less adversarial than court proceedings. It allows parents to maintain control over the decisions affecting their children and can lay the groundwork for cooperative co-parenting relationships moving forward. At The Dieye Firm, we support mediation as a valuable tool in resolving conflicts amicably and ensuring that children's best interests remain at the forefront.

For customized visitation plans, speak with a qualified visitation lawyer as soon as possible. Call The Dieye Firm at (832) 299-1990 or complete our online form for a consultation.