Texas Visitation

Texas visitation (possession and access) is arranged so that each parent can spend a substantial amount of time with the minor child. Texas courts award joint managing conservatorship (joint legal custody) unless there is a compelling reason not to do so. This means each parent has an equal right to make decisions on behalf of the child. During visitation, the parent who has possession of the child can make day to day decisions and can authorize emergency medical care. However, important decisions such as which school the child will attend must be decided on jointly. A typical visitation schedule includes 30 days in the summer and the 1st, 3rd, and 5th weekends throughout the year. Spring Break and Thanksgiving visitation are granted on alternating years. The child's birthday, Christmas, Mother's/Father's Day weekends, and Thursdays evenings during the school year are also subject to various visitation rules. Parents who don't choose to have the courts decide visitation have more flexibility in deciding the exact schedule. Visitation can't be denied over unpaid child support.

Fast Facts

  • Young children are not generally granted the right to refuse court ordered visitation with a parent.
  • A non-custodial parent who lives more than 100 miles away is granted a summer break visitation of 42 days instead of 30.
  • A non-custodial parent who misses a scheduled visit does not have the legal right to make up the visit at a later time.

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