Child Visitation in Texas
When it comes to setting up a child visitation schedule, parents have many issues to consider. How frequently will visits take place? Where will the visits take place? How long will the visits last? How will school vacations and holidays be divided?


June 12, 2009 /24-7PressRelease/ -- Child Visitation in Texas

Article provided by James L. Nowlin, P.C. Please visit our Web site at www.jameslnowlin.com

When it comes to setting up a child visitation schedule, parents have many issues to consider. How frequently will visits take place? Where will the visits take place? How long will the visits last? How will school vacations and holidays be divided?

While in-person visitation is the most common type of contact between parent and child, depending on how close the parents live to each other, in-person visitation can be a challenge. If there is animosity between the parents or they have trouble working cooperatively with one another, coordinating visitation times and exchange points can be a drawn-out battle.

Below you will find information on some of the options available to parents who are having trouble agreeing to a visitation schedule or who are looking for alternative means to maintaining contact with their children.

Virtual Visitation

As technology continues to evolve, the choices for parents wishing to maintain closer contact with their children continues to expand. In 2007, Texas became the third state to pass a virtual visitation law that permits the court to order periods of electronic communication with the child (Family Code §153.015). Electronic communication includes using regular telephones, video telephones, e-mail, instant messaging, video-conferencing and Web cams. Parents also may agree independently to an electronic communication schedule as part of their visitation plan.

The use of Web cams has grown in popularity as a way for non-custodial parents to "see" their children when they can't be with them. This form of contact may be particularly advantageous for parents who live in other towns or states and, as a result, have limited in-person visits with their kids.

Google, AOL, Yahoo and Skype all have popular Web cam services that make it easy for parents to take advantage of this technology. Moreover, many computers today come with Web cams preinstalled so set up is easy. Parents also may want to use chat rooms and other secure meeting places on the Internet designed specifically for parent-child communications. For example, at the Web site www.etendi.com, parents can register for the BRIDGE program that allows them to share pictures and videos with their children, leave personal notes, maintain a shared calendar and use live video calling.

Proponents of virtual visitation caution that the technology should not be used to replace in-person visits, but should be used to supplement them. Some also worry that virtual visitation laws will make it easier for custodial parents to move out of state with their children.

Virtual visitation may not be the best option for every family. The parents will have to determine what types of electronic communication will be used, who will purchase the equipment and pay for its use, when the communication may take place and how often. If the child custody arrangement was hotly contested the court can also order the parties to communicate through other Web-based programs such as www.ourfamilywizard.com, which will record and document all communications between the parties.

Finding the Best Location for Child Exchanges

Even when parents can agree on a visitation schedule, there still may be extreme animosity or dislike between the parents, making exchanges awkward at best. Many times parents will choose a public location, like a park or a restaurant, to exchange the child, rather than have the exchange take place at their homes. However, even public locations cannot prevent the child from being subjected to arguing, fighting and other heated exchanges between the parents.

As an alternative to a public place, parents may want to take advantage of exchange services provided by nonprofit organizations. These groups, like the San Antonio Kids Exchange, provide parents a way to prevent a potentially confrontational situation with each other in front of the children. They also can make the transition more comfortable for the child, who may have conflicting emotions about leaving one parent for the other.

Generally, the programs work by coordinating different drop-off/pick-up times for the parents so they do not have to interact or even see each other. These groups typically offer other services that may be beneficial to families, including supervised visitation, counseling, support groups and parenting workshops. Some of their services are provided for free, but others may require a fee.

Standard Possession Orders

While Texas law encourages parents to find a way to work together to come up with an appropriate visitation schedule, it is not always feasible for parents to do this. In these situations, the court has no choice but to step in and make visitation decisions for the parents by issuing a standard possession order (SPO), which is presumed to be in the best interest of the child.

An SPO sets conditions on visitation (or possession) depending on whether the parents live within 100 miles of each other or a greater distance (Family Code §§ 153.311-153.317). SPOs define who has the children on which weekends as well as how holidays, birthdays, summer vacations and other school breaks will be divided. They also set out notice requirements the parents must follow if they are unable to make a scheduled visit or want to request an alternative arrangement. SPOs are sometimes order for children under three years old, however the court has wide discretion in ordering a visitation schedule when the children are of a "tender age."

Normally, the court will appoint the parents as joint managing conservators (JMCs), meaning that the parents equally share all the duties and rights in raising the children and in making decisions regarding the children's welfare. Of these rights, one parent will be given the right to determine the primary residence of the child, many times, subject to a geographic restriction. The court most likely will nominate one parent as the primary JMC, who will have the final authority to make child-rearing decisions, like where the child will live.

Conclusion

Deciding how to split up parenting time is always difficult for everyone involved. The good news is that parents have more options now than ever before to supplement their time with the children and maintain contact with them, even when they can't be there in person. However, even the latest technology cannot replace the importance of parents spending face-to-face time with their children. For more information on developing visitation agreements, speak to an experienced family law attorney.

Article provided by James L. Nowlin, P.C. Please visit our Web site at www.jameslnowlin.com

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