Understanding Visitation Rights in Texas

If you’re navigating into the world of child custody, it’s understandable that you might be filled to the brim with questions. Understanding visitation rights in Texas will be valuable for you as you progress toward a peaceful resolution, especially if you and your co-parent are at odds with one another.

What are the visitation rights in Texas? 

Generally, in Texas, each parent has equal rights to the child. When one parent has physical custody, the other parent still has rights to visitation. The state you live in will determine what rights are afforded to each parent. But in Texas, visitation is called “possession and access,” while child custody is referred to as “conservatorship.” 

Texas visitation rights explained

To determine a visitation schedule, typically the standard possession order will be followed. This allows for each parent to have equal possession and access to the child while also ensuring that the child’s needs are properly met during the school year.

These rights vary depending on if the parents live within 100 miles or less of each other or if the distance between them exceeds 100 miles.

For children 3 and under, the court pays close attention to certain circumstances when determining a visitation schedule. There are a number of factors that will weigh into this determination. Those factors might include the following:

• How the child might be affected by the separation from either parent

• The need for a routine

• Whether there is a sibling present or not during possession

• The parent’s availability to be caregivers

• The needs of the child

It’s worth noting that there are certainly other factors that may be considered in determining the visitation schedule for a child 3 and under.

Can you make your own visitation schedule in Texas?

It is possible, yes. However, in order to implement your own visitation schedule in Texas, it must be approved by the court. The court will traditionally base its decision on the standard possession order while also considering a number of factors. Those factors can include (but are certainly not limited to): the age of the child, individual circumstances as well as the best interest of the child.

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