Austin Visitation Lawyer

Visitation refers to the rights and obligations given to the parent in a divorced or separated couple who does not have primary custody of a child. Multiple factors can determine visitation.

The facts and circumstances of your case will affect the judge’s final decision. However, most courts are in favor of helping both parents maintain an active role in their child’s life unless doing so would be against the child’s best interests.

When you are facing any case involving visitation matters, speak with an Austin visitation lawyer as soon as possible. Whether you are a custodial parent or a noncustodial parent seeking visitation rights, an experienced family attorney could help you file the necessary documents and motions while assisting you with every aspect of the legal process.

Overview of Visitation Laws

In state court, visitation is referred to as possession and access. Visitation privileges are outlined in a possession order, which a judge must sign. The courts have a standard form for this order, but parties can customize their own possession schedule when both parents agree to it.

Otherwise, the court will generally establish a standard possession order that allows both parents quality time with the child. The standard possession order includes provisions for each parent to spend equal time with the child during weekends, school weeks, and vacations.

When a parent has possession and access to the child, they must observe certain commitments during that period. A parent with possession of the child must provide care and protection for the child, financial support for basic needs, and medical necessities, assuming this is not contrary to the court order.

A parent with possession and access may also have the right to oversee the child’s moral, educational, and religious upbringing. In situations where it is against the child’s best interests to grant a parent visitation or possession rights, the court may order a supervised visitation schedule so the parent may still see their child.

Both parties must adhere to its provisions as long as the possession and access order is valid. Failure to do so could result in the noncompliant party being subject to civil or criminal penalties, including contempt of court and jail time.

A possession order may be modified upon the court’s approval when a fundamental change in the circumstances of either parent or the child occurs. An Austin attorney could help with all types of visitation concerns, including drafting orders, representation at hearings, and assisting with modification matters.

Factors Impacting Visitation Decisions

Ultimately, the court will focus on the child’s best interests when reviewing a customized possession order or creating a standard order for both parties to follow. The needs of the child, including any physical, emotional, or psychological needs, carry significant weight in the court’s decision.

The relationship of each parent to the child and the willingness of both parties to coparent amicably can impact visitation decisions. The extent to which each parent is involved in their child’s life and upbringing and the child’s wishes and considerations may also be factors the court reviews.

Certain factors will not be an issue in visitation determinations in the eyes of the court. For example, a parent’s gender or religion is not considered in assessing a possession and access order. An Austin attorney could explain what individual factors may be considered in a visitation case.

Speak With a Visitation Attorney in Austin Today

An Austin visitation lawyer can review your unique goals and needs to help you achieve the most favorable outcome possible when drafting a standard or customized possession schedule. Even when you agree with your child’s other parent about the appropriate visitation schedule, an attorney could provide invaluable guidance.

A lawyer can look over all the documentation involved to ensure your rights are secure and the best interests of your child remain front and center. In a contested situation, an attorney can stand by your side at every step championing your rights at the negotiating table or in the courtroom. Give our office a call today to discuss your situation with an experienced visitation attorney at Kimbrough Legal and find out what may be possible for your case.