Divorce and child custody battles can be emotionally draining, especially when it comes to figuring out visitation. Every parent wants to spend time with their child, but understanding Texas visitation laws can feel overwhelming. Who decides the schedule? What rights do non-custodial parents have? And what about grandparents—do they have any legal standing?
In Texas, visitation is legally referred to as possession of and access to a child. However, the specifics of visitation depend on various factors, including the parents’ ability to co-parent, the child’s best interests, and court orders.
At C.E. Borman & Associates, we help parents in Bryan, Texas, navigate the complexities of child custody and visitation.
This blog explains how visitation works in Texas, including different types of schedules, non-custodial parent rights, and when grandparents may be granted visitation.
Understanding Parental Visitation in Texas
Texas courts typically establish a Standard Possession Order (SPO) to determine when each parent has time with their child as outlined in the Texas Family Code, Subchapter F. However, parents can create their own visitation schedule as long as they both agree. If they cannot reach an agreement, the court’s order will impose a legally binding schedule – Section 153.311 of the Texas Family Code explains this in more detail.
Types of Visitation Schedules
The court may order different types of visitation schedules depending on the circumstances:
- Reasonable Visitation: This flexible arrangement allows parents to agree on a schedule that works for them. Courts prefer this option when both parents communicate well and can co-parent effectively.
- Fixed Visitation: When parents struggle to agree, the court imposes a structured schedule with set visitation days, times, and locations. This helps prevent conflict and ensures both parents know their allotted parenting time.
For parents in Brazos County, Texas, courts focus on creating visitation schedules that prioritize the child’s well-being while ensuring fairness for both parents.
What Rights Do Non-Custodial Parents Have in Texas?
Even if a parent does not have primary custody, they still have legal rights and responsibilities regarding their child. In Texas, non-custodial parents—those who do not have primary physical custody—are typically granted visitation (possession and access) unless the court determines it would harm the child.
Non-custodial parents generally have the right to:
- Regular Visitation – As outlined in the Standard Possession Order (SPO) or another court-approved arrangement.
- Access to School and Medical Records – Stay informed about their child’s education, health, and well-being.
- Decision-Making Input – Depending on the custody arrangement, non-custodial parents may have a say in significant decisions regarding the child’s upbringing, including education and healthcare.
- Communication with the Child – Texas law recognizes the importance of maintaining a strong parent-child relationship, allowing non-custodial parents to have reasonable phone, video, and written communication.
- Petition for Modifications – If circumstances change, non-custodial parents can request modifications to custody or visitation agreements.
Grandparent Visitation Rights in Brazos County
Grandparents play an important role in a child’s life, but Texas law only grants visitation rights in limited circumstances. A grandparent may be granted visitation if:
- The parents are divorced
- The parent has abused or neglected the child
- The parent is incarcerated, found incompetent, or died
- A court-order terminated the parent-child relationship
- The child has lived with the grandparent for at least six months
However, if a child has been adopted by someone other than a stepparent, the grandparent cannot request visitation rights.
Modifying a Visitation Order in Texas
Life circumstances can change, and sometimes a visitation schedule that once worked no longer fits the needs of a parent or child. In Texas, either parent can request a modification of a visitation order if they can prove that a significant change has occurred.
Common Reasons for Modifying a Visitation Order:
- A parent moves to a new location, making the current schedule impractical.
- A child’s needs change (such as school or medical requirements).
- Concerns about the child’s safety or well-being with the other parent.
- Repeated violations of the existing visitation agreement.
To modify a visitation order, you must file a petition with the court and demonstrate why the changes are in the child’s best interest. The court will review the circumstances and decide whether an adjustment is necessary.
If you believe your visitation order should be modified, consulting a Bryan, Texas, family law attorney can help you understand your legal options.
Contact the Bryan, Texas Child Custody Lawyers at C.E. Borman Today
If you believe your visitation schedule is unfair or isn’t being followed, it’s crucial to seek legal guidance. Courts can modify custody and visitation arrangements when necessary, but the process can be complex without the right legal support.
At C.E. Borman & Associates, we help parents in Brazos County protect their parental rights and ensure they have meaningful time with their children. Understanding visitation laws can be challenging, but you don’t have to navigate it alone. Schedule a consultation with our team online or call (979) 200-4725 to discuss your case and explore your legal options.
