In Texas, the overarching belief among the courts and the legislature is that parents should maintain meaningful relationships with their children. This encompasses not only sharing in the rights and responsibilities of parenting but also having the opportunity to spend quality time together. However, as the attorneys at the Law Office of Bryan Fagan, PLLC, can confirm, circumstances can complicate this ideal. In some cases, supervised visitation becomes a necessary arrangement to ensure the safety and well-being of the child while still allowing the parent to engage in a relationship. Understanding the nuances of supervised visitation is crucial for parents navigating these challenging situations, as it provides a framework for maintaining connection in a structured environment.
Reasons a Parent May Have their Visitation Supervised
On occasion, one parent is ordered by a court to have what’s known as supervised visitation with their children due to a host of reasons including:
- Physical or emotional abuse
- Mental illness or
- Drug addiction
- Abduction
Physical or Emotional Abuse
A parent may be denied visitation rights if:
- the parent has abused the child or
- threatened physical violence
- Where sufficient proof is offered of potential emotional harm
Mental Illness
If a parent suffers from a mental incapacity, then a court may determine there is sufficient reason for supervised visitation.
However, only if the court finds the parent as a result of mental incapacity presents a reasonable potential for harm to the child.
Drug Addition
If allegations of drug abuse arise, a court in Texas may mandate drug testing for both parents to detect illegal substances or substance abuse. Testing positive for any illegal substance can adversely affect divorce or child custody proceedings.
As a result, the judge may order supervised visits with your children. This supervision will persist until the Court confirms the resolution of any substance abuse issues. In this period, and potentially beyond, you will likely need to:
- submit to random alcohol or
- drug testing
Abduction
If there is substantial evidence indicating a high risk of abduction, a parent’s visitation rights may be subject to supervision.
What is Supervised Visitation?
Supervised Visitation means that the non-custodial parent may not be alone with the child during visitation. Possible options for supervised visitation include:
- Neutral Third Party
- Other Parent
- Monitored by Professionals
Neutral Third Party
Supervised visitation by a neutral third party could include:
- a grandparent or
- another family member
- friends of the family
- close neighbors and
- child care providers
Other Parent
Sometimes the other parent will supervise a parent’s visitation if the relationship between the parents is not antagonistic.
Monitored by Professionals
When the above two options are not possible then a court may order the visitation to be supervised by professionals. Two such organizations available in Houston and surrounding areas are the Safe Program and Guardians of Hope.
Generally Supervised Visits by these professionals:
- Is expensive – the expense may create a deterrent to access and possession by the supervised parent.
- may also provide reports and recommendations to the court based on the success or failure of the supervised visits.
Things to Keep in Mind if Supervised Visitation is Ordered
Supervised visitation will typically occur in conjunction with a court-approved program whose role is to act as a “safe space” for the supervised parent to interact with the children.
While in this setting the parent who’s having visitation must keep in mind that the things they say and do are being observed closely.
It is best to keep opinions regarding the situation of the court order or the limitations that it puts on the parent and the children. The important thing to note is that supervised visitation does not necessarily have to be permanent.
SAFE Program and Guardians of Hope
Two agencies that handle supervised visitation in Harris County and Montgomery County include:
- SAFE and
- Guardians of Hope
Supervised visitation programs provide parents with the opportunity to spend time with their children in a neutral, monitored environment. Typically mandated by courts in cases involving allegations of physical or emotional abuse, drug use, or other issues, these programs aim to ensure a safe and stress-free setting for children.
The primary objective is to facilitate positive, enjoyable interactions between a parent and their child, without any direct interaction between the parents themselves. This structure ensures that the focus remains solely on fostering fun and constructive parent-child relationships.
SAFE Program | Guardians of Hope |
Registration is done at the Victim Assistance Centre, 1310 Prairie Suite 1030. Parties should call 713-274-7391 to schedule their appointment. | Guardians of Hope, 2211 Rayford Rd., Ste. 111 #22, Spring, TX 77386 |
Restoring Standard Visitation
In order to get back to a more “standard” possession schedule with their children, a parent who is ordered to have supervised visitation should follow the guidelines of the court order. You will need to start building a case in order to ask the court for standard or standard expanded possession and expanded visitation.
Some things you can do to help your case include:
- Never miss a scheduled visit
- Arrive on time
- If you miss a visit schedule a makeup as soon as possible
- During your visits put the sole focus of your visit on the children
- keep any comments about the case to yourself
- Avoid giving any opinions on the existing judgment or the supervised visitation order
- Be polite with the monitor even if you develop strong negative feelings toward them
- Never, speak negatively about the other parent to or in the presence of the child
- Never, use vulgar or abusive language toward or in the presence of the child
By complying with the court order and addressing the underlying issues that necessitated supervised visitation, a parent can actively seek to modify the court order to permit unsupervised, normal visitation.
Final Thoughts
In conclusion, while Texas emphasizes the importance of maintaining strong parent-child relationships, circumstances may necessitate arrangements such as supervised visitation to protect the child’s safety and well-being. This structured approach allows parents to continue nurturing their bond with their children while ensuring that any concerns about safety are addressed.
For parents facing these challenges, understanding the guidelines and implications of supervised visitation is essential for navigating the process effectively. By seeking appropriate legal guidance and support, parents can work toward creating a positive environment that fosters connection, even in difficult situations.
The attorneys at the Law Office of Bryan Fagan, PLLC understand the challenges faced by parents with court-ordered supervised visitation. They are committed to collaborating with you to maximize your opportunities to see your children as often as possible.
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Other Articles you may be interested in:
- Restricting Visitation and Supervised Visitation in Texas Child Custody Cases
- Supervised Visitation: When Is It Necessary?
- What Is It Like to Have Supervised Visitation During a CPS Case?
- Texas Parental Visitation – Texas Standard Possession Orders in Harris and Montgomery County, Texas – Part 1
- Texas Parental Relocation
- Geographic Restrictions in Child Visitation Orders in Texas
- Grandparents’ Rights in Texas
- Grandparent Rights, Standing, and the Parental Presumption
- Divorcing After Age 50 in Texas: What it Can Mean for You and Your Spouse
- 7 Tips for Divorcing After Age 50 in Texas
- Supervised Visitation in Texas: A Necessary Safeguard
- Child Protective Services Investigation- What to expect and how to handle the situation, Part 2
- Reporting child abuse and neglect in Texas
- Child Protective Services: Investigation Essentials for Texas Families
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.