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| | Visitation Schedule |
In a divorce proceeding, if there has been a child or children born of the marriage, the court awards custody of the child or children to one of the parents. However, the rights of one parent to have custody of a child or children does not deprive the other party to visit the children, unless there has been an express provision to the contrary. In fact, if one parent withhold from the other parent the right to visit the child, this is considered deprivation of a precious privilege.
In conjunction with any award of custody, the court must also determine how visitation by the non-custodial parent will take place.
Generally, the parent not granted custody is entitled to reasonable visitation rights, unless the court finds that visitation by the parent might endanger the child's physical health or significantly impair his emotional development.
It is hoped that the parties will be able to agree on a reasonable visitation schedule based upon what is convenient for the parents, and what is in the best interests of the child. If the parties are not able to agree, then the court must assist in setting the visitation schedule.
If it becomes necessary for the court to get the visitation schedule, the court will look at various factors including the age of the child or children, the proximity of the parents to each other, the employment schedule of each of the parent, the interaction of the child or children with the non-custodial parent, the wishes of the child or children, the wishes of the parents, the mental and physical health of all individuals involved, as well as various other factors.
It is hoped that the visitation schedule will be reasonable, and that it will work well with all the individuals involved. In those instances where the schedule is very rigid, it is still hoped that each parent will be reasonable in accommodating situations which might occasionally arise.
Texas Standard Possession Order
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