Austin Visitation Rights Lawyer

As a divorcing parent, you

As a divorcing parent, you understandably want to remain a significant part of your children’s lives. However, you and your spouse are facing great difficulty coming to an agreement on certain family law issues, including visitation rights. The compassionate Texas family law attorneys at Peek Toland & Castañeda PLLC can help you protect your interests while resolving your divorce disputes in a clean and efficient manner. A prolonged and highly contentious divorce can take its toll on the whole family, especially the children. Call us today at (512) 474-4445 to learn how you can avoid an emotionally exhausting and financially draining divorce.

Child Visitation Rights in Texas

Generally, courts in Texas rule according to the belief that it is best for children to retain relationships with both parents, barring certain circumstances. That is why when one parent is awarded custody, the other parent is usually granted visitation rights. These rights allow non-custodial parents to continue to provide their children with love and guidance. Parents may discuss and draft their own visitation schedule. When parents can’t settle on an agreement, the courts set up the visitation arrangements.

Limiting or Denying Visitation

Visitation may be restricted or denied to the non-custodial parent if allowing unrestricted visitation would result in the endangerment of the child’s physical, mental, moral, and emotional health. Factors which generally result in visitation restrictions or denial include the following:

  • Physical abuse
  • Emotional harm
  • Child’s wishes
  • Mental illness
  • Substance abuse
  • Sexual behavior
  • Incarceration
  • Risk of abduction

In order to restrict or deny visitation rights to the non-custodial parent, the custodial parent must present a convincing argument to the court that allowing visitation would endanger the welfare of the child in question. The non-custodial parent may present his/her side of the story. In consideration of the circumstances presented to him/her, the judge may deny visitation, allow supervised or restricted visitation, or reject the claims of the custodial parent.

Child Visitation Interference

Unfortunately, some divorces end badly, which often leads to conflicts down the line. The custodial parent may use visitation as leverage against the non-custodial parent, employing wrongful actions, such as withholding letters or purposely scheduling activities to conflict with visitation dates just to get back at the other parent.

If a non-custodial parent is facing visitation interference, s/he can bring the issue to court and have the judge modify visitation and even custody arrangements. The court may enforce the following in response to interference:

  • Increased visitation rights
  • Make-up visits
  • Visitations outside of the custodial parent’s home
  • Change in custody

Very rarely do courts enforce a change in child custody except under the most extreme circumstances.

Preserving Your Relationship with Your Children

At Peek Toland & Castañeda PLLC, we understand how important your children are to you. We will use our abilities in negotiation or, if necessary, our trial skills to make sure you get ample time with your children so you can remain involved and influential in their lives. To discuss your case, contact our office in Austin today.

understandably want to remain a significant part of your children’s lives. However, you and your spouse are facing great difficulty coming to an agreement on certain family law issues, including visitation rights. The compassionate Texas family law attorneys at Peek & Toland, PLLC can help you protect your interests while resolving your divorce disputes in a clean and efficient manner. A prolonged and highly contentious divorce can take its toll on the whole family, especially the children. Call us today at (512) 474-4445 to learn how you can avoid an emotionally exhausting and financially draining divorce.

Child Visitation Rights in Texas

Generally, courts in Texas rule according to the belief that it is best for children to retain relationships with both parents, barring certain circumstances. That is why when one parent is awarded custody, the other parent is usually granted visitation rights. These rights allow non-custodial parents to continue to provide their children with love and guidance. Parents may discuss and draft their own visitation schedule. When parents can’t settle on an agreement, the courts set up the visitation arrangements.

Limiting or Denying Visitation

Visitation may be restricted or denied to the non-custodial parent if allowing unrestricted visitation would result in the endangerment of the child’s physical, mental, moral, and emotional health. Factors which generally result in visitation restrictions or denial include the following:

  • Physical abuse
  • Emotional harm
  • Child’s wishes
  • Mental illness
  • Substance abuse
  • Sexual behavior
  • Incarceration
  • Risk of abduction

In order to restrict or deny visitation rights to the non-custodial parent, the custodial parent must present a convincing argument to the court that allowing visitation would endanger the welfare of the child in question. The non-custodial parent may present his/her side of the story. In consideration of the circumstances presented to him/her, the judge may deny visitation, allow supervised or restricted visitation, or reject the claims of the custodial parent.

Child Visitation Interference

Unfortunately, some divorces end badly, which often leads to conflicts down the line. The custodial parent may use visitation as leverage against the non-custodial parent, employing wrongful actions, such as withholding letters or purposely scheduling activities to conflict with visitation dates just to get back at the other parent.

If a non-custodial parent is facing visitation interference, s/he can bring the issue to court and have the judge modify visitation and even custody arrangements. The court may enforce the following in response to interference:

  • Increased visitation rights
  • Make-up visits
  • Visitations outside of the custodial parent’s home
  • Change in custody

Very rarely do courts enforce a change in child custody except under the most extreme circumstances.

Preserving Your Relationship with Your Children

At Peek & Toland, PLLC, we understand how important your children are to you. We will use our abilities in negotiation or, if necessary, our trial skills to make sure you get ample time with your children so you can remain involved and influential in their lives. To discuss your case, contact our office in Austin today.

How Can We Help You?

Our team is standing by to help. Call us at (512) 474-4445 or complete this form to send a message about your legal situation.