Visitation is the arrangement for the non-custodial parent to spend time regularly with the children following a divorce. Visitation rights are an important part of any divorce settlement in Texas. The parent who gains custody usually must agree to regular visitation periods where the children can visit with the other parent. The parents may each consider themselves to be the best choice as custodial parent for the child, and find it hard to accept only visitation rights. If your visitation rights are not being honored, contact a Houston divorce lawyer. Depending on the circumstance of the divorce, you may be required to arrange supervised visitation periods. There different kinds of visitation rights are:
- reasonable visitation: the times and places are left up to the parents to work out
- fixed visitation: the court specifies the times, duration and places for visitation
- supervised visitation: an adult supervisor must be present at each visit
Visitation rights may be agreed upon in mediation of the divorce, or the issue may be resolved in a Texas court. The court considers above all what “is in the best interests of the child.” A Houston divorce lawyer can help you to settle upon agreeable visitation terms, as well as settling any other issues that arise in your divorce case.
Houston Visitation Lawyer
When a married couple gets a divorce in the state of Texas, the parent who does not have primary custody of the children is almost always going to be granted visitation rights, and grandparents and other interested third parties may also have the right to visitation. Clearly, it is in the best interests of the child or children to have a strong ongoing relationship with both of their parents as well as with other family members, and most people recognize this and act accordingly. In Title 36, Chapter 6 of the Texas Code the visitation rights of the non-custodial parent are clearly spelled out, and the court is very clear about its intention to decide visitation based on what is best for the child or children involved.
Unmarried couples face a different set of circumstances, but when both of the parents agree to the paternity of the father, the same laws apply. Legally recognized paternity can be established in a number of different ways. The father can acknowledge his paternity in writing and file with the Department of Children’s Services registry, and he can also agree to have his name placed on the birth certificate as the child’s father. He can alternately be considered the father for legal purposes if he has taken the child into his home and performed all of the duties typically associated with parenthood. Paternity can also be proven through genetic testing, and paternity is legally established when the results indicate at least a 95% probability of the man in question’s parentage.
When you are involved in matters of child visitation, legitimation, and/or paternity, the main thing to keep in mind is the well being of the children. Paternity can be very clearly established through DNA testing, so there is no reason why the identity of the biological father should be brought into question. Once paternity has indeed been established, the father can enjoy all of the rights and accept all of the responsibilities that go along with parenthood. The court can decide on matters of paternity if necessary, but this is a matter that can usually be resolved via the mutual concurrence of the biological parents.
If you or someone you know is in need of a skilled Houston family attorney contact our law offices for a FREE initial case evaluation. We handle cases in Houston, Texas and in any of the surrounding communities. Call today to find out how you benefit from an experienced Denver divorce attorney.
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If you have questions about child visitation, legitimation or paternity issues, contact a Houston TX family lawyer to arrange for a free consultation.