Navigating Court-Ordered Visitation in Houston, Texas: What Parents Need to Know

In Houston, Texas, as in other jurisdictions, family law courts prioritize the child's best interests when determining custody and visitation arrangements. When parents separate or divorce, establishing a structured and enforceable visitation schedule is essential for ensuring stability and fostering strong parent-child relationships. However, in certain cases, the court may find that unsupervised visitation is not suitable and instead require supervised visitation. This blog provides a detailed overview of court ordered visitation in Houston Tx, covering the circumstances that may lead to such orders, how supervised visitation works, and the steps parents can take to navigate this process effectively.

Understanding Visitation Rights in Texas

Generally, Texas courts aim to grant both parents access to their children, recognizing the importance of maintaining relationships with both parents. A Standard Possession Order is common, providing a schedule for weekday, weekend, holiday, and summer visitation. However, this standard order isn't always suitable, particularly when concerns about a child's safety or well-being arise.

When is Supervised Visitation Ordered?

A judge may order supervised visitation when there are concerns about a child’s safety or well-being during visits with a parent. This means a neutral third party must be present during the visits. There must be convincing evidence to put a supervised visitation order in place. The goal is to ensure the child’s safety and prevent any physical or emotional harm.

Common reasons for ordering supervised visitation include:

• History of abuse or neglect: If a parent has a history of physical, emotional, or sexual abuse towards the child or another family member, the court will likely order supervised visitation.

• Substance abuse: A parent struggling with drug or alcohol addiction may be required to have supervised visits to ensure they are not impaired while caring for the child.

• Mental health issues: If a parent has mental health issues that could pose a risk to the child, the court may order supervised visitation.

• Domestic violence: In cases involving domestic violence, supervised visitation can protect the child from being exposed to conflict or potential harm.

• Absence or limited contact: If a parent has been absent from the child's life for an extended period, supervised visitation can help reintroduce them in a safe and controlled environment.

A judge would not look favorably upon anyone that attempted to request supervised visitation as a way to prevent their former spouse from seeing a child or merely to inconvenience them.

What Does Supervised Visitation Look Like?

Supervised visitation involves a third party overseeing the parent's time with the child. This supervisor can be a family member, a neutral third party, or an agency. Often, the judge will appoint a neutral third party to oversee supervised visits, though a friend or family member can serve as the monitor. If a private agency is used, the visiting parent may be responsible for paying the agency’s fees.

The judge may also specify the location of the supervised visits. This might involve a supervised visit at the home of the non-custodial parent but may take place outside a domestic setting.

For example, a court-ordered visitation schedule might involve a neutral location where the other parent can pay a fee to spend time with their child in the presence of others. In cases involving violence, a court may even order that non-custodial parents only have supervised visitation rights at a police station. The Harris County Domestic Relations Office offers supervised visitation services at The Visitation Center.

Factors Considered by the Judge

To make supervised visitation work, a Judge will consider several factors. As in any child custody arrangement, the child is the top priority. The child’s age may play a role and, where relevant, the child’s preference may influence the location at which restricted visitation takes place. From there, a Judge will carefully consider the reasons why the visiting parent cannot do so on an unsupervised basis.

Modifying a Supervised Visitation Order

Conditions laid out in a divorce decree do not have to be final. While supervised visitation makes for a complex arrangement, it does not mean that the noncustodial parent has no opportunity for unsupervised visits in the future.

The supervised parent can ask to remove the restriction. However, as the initial imposition of a supervised visitation order indicates that there was evidence of emotional harm or other issues, the burden of proof for the removal order falls on the non-custodial parent.

This is not always easy and a child custody attorney can help a parent to put together a case that proves, in the eyes of the law, that a supervised visitation schedule is no longer required.

Seeking Legal Assistance

Navigating court-ordered visitation, especially supervised visitation, can be emotionally and legally challenging. Consulting with an experienced family law attorney in Houston, Texas, is highly recommended. An attorney can help you understand your rights and obligations, gather evidence to support your case, and advocate for your child's best interests in court. They can also assist with modifying existing visitation orders when circumstances change.

Conclusion

Court-ordered visitation in Houston, Texas, aims to balance the rights of both parents with the paramount concern for the child's well-being. Supervised visitation is a tool used when there are legitimate concerns about a child's safety or welfare during unsupervised visits. By understanding the process, seeking legal guidance, and prioritizing the child's needs, parents can navigate court-ordered visitation effectively and work towards creating a stable and supportive environment for their children.