Children face a tough time when a marriage ends. They are restricted to a schedule that has to be followed. However, there are cases where such settlements can get even more complicated when one of the parents doesn’t want the child to be alone with the other parent.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, discusses the scenario and the matter of supervised visitation. He states the basis on which such a request can be made to the court.
If you are about to begin a custody battle or are facing a divorce trial, make sure to discuss it with an expert attorney. The Turner Monahan family law firm has been representing the clients for more than four decades now. You can contact the firm to speak to an attorney. All case evaluations and suggestions that our attorneys make are in the light of Texas Family Law.
Supervised Visitation In Texas
Supervised visitation generally comes about when a court deems a child’s physical and emotional well-being may be harmed. If a parent is aware of such circumstances, the party can ask for supervised visitation at any point in time. As a matter of fact, any party can ask for whatever they want to, so long as the court has not restricted them from asking certain things or has been strict in their pleadings.
In addition, a parent can request denied visitation. It would depend upon whether the other parent is utilizing drugs and or possibly alcohol. Plus, there is proof that the parent has endangered the child. This includes the case that they have had some criminal charges that can endanger the child. These special visitation-related requests are entertained by the court when solid grounds are established for them.
According to the Texas Family Code – 263.109. Court Implementation of Visitation Plan
(b) If the court finds that visitation between a child and a parent is not in the child’s best interest, the court shall render an order that:
(1) states the reasons for finding that visitation is not in the child’s best interest; and
(2) outlines specific steps the parent must take to be allowed to have visitation with the child.
(c) If the order regarding visitation between a child and a parent requires supervised visitation to protect the health and safety of the child, the order must outline specific steps the parent must take to have the level of supervision reduced.
Supervised Visitation
Under the Texas Family Code CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS, Texas courts can order supervised visitation due to the following reasons:
- Abuse or violence: Courts frown upon a history of physical abuse of the child
- Emotional harm: The courts do take emotional harm inflicted by the parent under consideration when approving the visitation plan
- Substance abuse: If it is proved in the court that the parent is struggling with alcohol or drug abuse.
- Risk of abduction: When the court is convinced or presented a piece of evidence that a parent may abduct a child during unsupervised visitation.
- Mental illness: It is proved in court that a parent has a mental illness and can harm the child or children during unsupervised visits.
- The child’s preference: The courts will have an interview with the child to know their opinion on visitation.
If you are a parent who is worried about the security of your child and want to request supervised or denied visitation, then you can contact an attorney. They will guide you through the process and work in the best interest of the child.
Hire A Fort Worth Attorney
Family matters are not as easy as sometimes perceived. There are several components that may affect your life even after getting a divorce. These include child visitation and other custody-related issues.
Tyler Monahan, from the Turner Monahan PLLC, is an experienced attorney who has over 10 years of experience handling family law and criminal law issues for clients. Schedule a free consultation to go over the details.
Are you planning to enter a pre or post-nuptial agreement? Check out our blog post regarding the topic. In addition, check our website for more information about our services.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
