After a divorce in Texas, a custody order may include supervised visitation rights for the non-custodial parent. A judge may mandate supervised visitation in Texas when they consider it to be in the child’s best interest. The next natural question is: what are the rules for supervised visitations in Texas? It is important that non-custodial parents are aware of all the rules surrounding supervised visitations, as violating them could diminish future visitation and parental rights.
What Is Supervised Visitation?
Supervised visitation is a form of custodial arrangement where the non-custodial parent can only visit with the child when there is also a court-approved supervisor present. The supervisor could be the other parent, a family friend, or a third-party professional supervisor. Supervised visitation may be necessary when the non-custodial parent’s personal situation or home life may pose a risk to the child’s health or well-being. Supervised visitation is a way to allow non-custodial parents to spend time with the child while also prioritizing their safety.
Reasons for Supervised Visitations
Courts might order supervised visitations when there is reason to think the child might be at risk of harm when left alone with the parents. Potential reasons for supervised visitations include:
- Child neglect or abuse
- Domestic violence
- Mental health issues
- Substance abuse problems
- Past criminal convictions
- Risk of parental kidnapping
- Child’s wishes
How Does Supervised Visitation Work in Texas?
On the day of the visitation, the non-custodial parent will show up at a designated location at the appropriate time. The location is supposed to be a safe and neutral location — usually the supervisor’s house or a visitation center. Before the visitation begins, there will be a small orientation for the non-custodial parent outlining prohibited behaviors and activities. The exact rules will differ depending on the case, but typical prohibited behaviors include things like physical punishment or speaking badly about the other parent.
During the actual visitation, the third party will observe and report behaviors to the court. Parents typically engage in activities like games or crafts to bond with each other. The supervisor can offer suggestions for activities, but they are not supposed to intervene in parenting unless they think the child is in danger or the non-custodial parent is breaking the rules.
At the end of the session, the supervisor can give the non-custodial parent feedback and advice on spending time with their child. The exact length of each supervised visit can vary significantly between a few hours and an entire day.
What Happens If Supervised Visitation is Violated?
Supervised visitation is a court-ordered arrangement, and violating the terms of the visitation schedule can result in the court reducing or even outright eliminating the non-custodial parent’s visitation and parental rights. In severe cases, the non-custodial parent may be held in contempt of court, which can carry civil penalties, such as fines or mandatory community service. Behaviors that could violate a supervised custody order might include:
- Arriving too late or too early to visitations
- Inappropriate physical contact with the child
- Unsupervised contact outside of visitation sessions
- Bringing forbidden items (e.g., alcohol, drugs, weapons, etc.)
- Speaking negatively of the custodial parent
- Creating a hostile environment
- Undermining the supervisor’s authority
- Refusing to leave after a supervised custody visit is over
If you have reason to believe the non-custodial parent is violating a supervised visitation order, you can contact the supervisor and provide evidence of the time, date, and location of the violation.
Changing from Supervised to Unsupervised Visitation
Changing circumstances may warrant modifying a request for a supervised visitation order and allowing non-supervised visitation. Non-custodial parents who would like to request non-supervised visitations can file a motion with the relevant court to schedule a hearing. During the hearing, they can provide evidence of progress and show that their home life and situation are safe enough for non-supervised visits.
Supervised visitation orders are not meant to be permanent, but there is no set amount of time the arrangement lasts. Parents who show commitment and sincerely work on cultivating a fulfilling parent-child relationship with their children may receive the right to unsupervised visits with time.
Family Law Attorneys in San Antonio
Questions about visitation schedules and parental rights after a divorce are complex and emotionally charged. Our attorney atHigdon, Hardy & Zuflacht, L.L.P. can provide the compassionate and effective legal support you need to navigate your difficult circumstances. Contact us online or reach out to us at (210) 349-9933 to speak to a child custody and support lawyer in San Antonio.
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