Visitation Rights
Couples going through a divorce or who want to make modifications in their current visitation order can seek the assistance of a Plano child visitation lawyer.
According to the Texas Family Code, the public policy allows each parent to enjoy continual and frequent visits with their kids, provided they have shown that they can work in the best interest of the child/children.
The parenting plan can be mutually decided by the parents, and in the event that they fail to do so, the Court will issue an Order on the same. Regardless of the visitation schedule issued by the Court or agreed upon by the parents, it will be as flexible as the parents can make it; the mutual statement of agreement between the parents will take precedence over the Court Order in most cases.
Therefore, even if you have a Court Order, the Order is more of a backup plan for parents that cannot agree on an alternative schedule. However, it’s important to maintain frequent and reasonable amounts of time with your child or children. If you agree not to spend time with the children, that agreement could later be sued against you. You should consult a Plano child visitation lawyer if your situation needs significant changes, it’s always best to have long term changes solidified in a new order to protect your rights.
Standard possession schedule
There are multiple versions of a standard possession order. If you and the other parent live within 100 miles you have the option for the standard or the expanded standard. If you live over 100 miles you have the option to elect the long distance version of the standard possession order.
If the two parties live under a distance of 100 miles from each other, then the visitation plan may allow for shorter visits that are more frequent with the child/children. In the event that they live farther than 100 miles from each other, the curt may consider the transit time and associated expenses and those may be factored in before drawing out the visitation schedule. Ultimately the Court prioritizes the best interest of the child while finalizing possession schedules.
Visitation order enforcement and issues
It is not uncommon for parents to fail to follow the possession schedule, which, if no agreement was made may cause issues for the other parent. The visitation agreement cannot predict all the circumstances that may arise, due to which visitation issues often emerge; however, visitation orders should not be taken lightly. Violation of visitation orders can result in jail time. In case the parent that has custody to the child denies visitation, then the other party can file a Motion for Enforcement. Compliance with the visitation order is compulsory unless both parties agree to modifications of the same.
An Experienced Plano Child Visitation Lawyer will be able to help you understand what terms would work in the best interests of your child and advice on how the court ruling may develop in specific circumstances.
You can schedule a consultation with our Plano lawyers so we can help you resolve your visitation rights dispute or make preparations for settlements. Keep in mind, ADR is the courts first line of defense against extensive law suits being filed. Therefore, Mediation is always a good option before bringing all the issues before the court.
