Child Visitation Attorney in Pearland

Texas Visitation Law: What Parents Need to Know

Texas law governs possession and access through a framework that sets default schedules, allows for agreed modifications, and provides enforcement tools when orders aren’t followed. The sections below walk through the key areas parents most commonly encounter.

The Standard Possession Order

When parents can’t agree on a possession schedule, Texas courts apply the Standard Possession Order (SPO), the default schedule established under the Texas Family Code. Under the SPO, the non-custodial parent, formally called a possessory conservator, typically has the child on the 1st, 3rd, and 5th weekends of each month from Friday at 6:00 PM through Sunday at 6:00 PM, plus one mid-week period each Thursday from 6:00 PM to 8:00 PM, alternating holidays, and one month during the summer.

Parents who live within 50 miles of each other are entitled to the expanded SPO as the default schedule, which extends weekend possession from school dismissal on Friday through the start of school Monday morning. Parents are also free to agree on a custom schedule that departs from the SPO entirely. Courts can adopt that agreement if it serves the child’s best interests, the governing standard for every possession and access decision in Texas. Texas courts generally favor arrangements that give both parents frequent and continuing contact with their children.

Modifying a Visitation Order

Life changes, and possession orders can change with them. Minor, temporary adjustments can often be handled by agreement between the parents without involving the court. A formal modification, however, requires demonstrating a material and substantial change in circumstances since the original order was entered.

Common qualifying changes include a parent’s relocation, a significant shift in work schedule, a meaningful change in the child’s needs, or the child’s preference if the child is at least 12 years old. The parent seeking the modification carries the burden of showing the change is warranted and that the proposed schedule serves the child’s best interests. Modification petitions are filed in the same court that issued the original order. In Brazoria County, those matters go through the Brazoria County Courthouse in Angleton.

Enforcing a Visitation Order

A possession order is a court order. When the other parent refuses to comply, you have legal remedies available. Start by documenting each denied or missed visit with dates, times, and what happened. That record matters when you file.

An enforcement action asks the court to hold the non-compliant parent in contempt. Texas courts can respond with fines, additional possession time to compensate for denied visits, or, in serious cases, jail time. One important distinction: child support and visitation are legally separate under Texas law. A parent can’t lawfully withhold visitation because support payments have lapsed, and the reverse is also true. Courts may also award attorney’s fees to the parent who enforces a valid possession order.

Supervised Visitation & Restricted Access

Texas courts may order supervised visitation when a parent’s history raises concerns about the child’s safety. A history of abuse, neglect, domestic violence, or substance abuse can lead to a supervision requirement. Supervision can be arranged through a mutually agreed-upon individual or a professional supervised visitation center.

When family violence is a factor, the court may restrict or deny visitation altogether if contact would endanger the child’s physical or emotional well-being. Protective orders can directly affect possession order terms, sometimes requiring exchanges at neutral locations or with third-party oversight. Supervised visitation arrangements can be revisited as circumstances change and a parent demonstrates consistent, appropriate behavior over time.