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Texas Child Visitation Modification

Spending time with your children is one of the most important things you can do every day. Children look forward to their visitation with their non-custodial parent, and parents rely on having that time with their children. Parents should be very thoughtful when seeking to modify a visitation arrangement, so as not to do more damage to the child involved. Parents should never seek to change a visitation schedule as a way to punish the other parent or the child.

Sometimes modification is necessary, however, and in those cases, our Texas Family Lawyers are available to assist you in creating a visitation schedule that works best for your family.

Houston Visitation Modification Attorneys

Our Houston Family Law attorneys are dedicated to the resolution of your family's modification requests and other family law in the most congenial and positive way possible. If you're a resident of Houston or the surrounding area of Harris, Montgomery, Fort Bend, Waller, Washington, and Grimes counties and have questions concerning child visitation modification in Texas, contact one of our attorneys to set up a free consultation to discuss the details of your case.

Grounds for Modification

Courts will modify a visitation arrangement if the modification is in the best interest of the child AND circumstances have materially and substantially changed.

Examples of material and substantial change might include:

  1. A change in a non-custodial parent’s employment schedule, which makes the previous schedule unworkable
  2. A non-custodial parent’s drug or alcohol abuse, which presents a danger to the child and warrants supervised visitation
  3. Conviction or deferred adjudication for child abuse or family violence

You should discuss all of the circumstances in your case, including any changes in location or lifestyle, to your attorney, who can help you determine whether those changes are material and significant.

Military Families

Military Families often have special concerns regarding what will happen should one of the parents be deployed. Texas law provides for these situations.

If a custodial parent is going to be deployed, he or she can petition the court for a temporary order granting custody to another person. This person can be the other parent, a person chosen by the custodial parent, or a person chosen by the court. This order will end when the custodial parent returns home. If the non-custodial parent is granted custody under this temporary order, then the custodial parent can choose another person (such as a spouse) to have visitation with the child while the custodial parent is deployed.

If a non-custodial parent is going to be deployed, then the non-custodial parent may choose another person to have visitation with the child while they are gone. This person must be approved by the court. When the non-custodial parent returns home, he or she will resume visitation rights.

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