Full question:
My son is 10 years old and his father has been in and out of his life since birth and has never followed court orders on visitation. He's been on and off drugs, hangs around nothing but drug dealers and has been to prison 3 times with numerous felonies. He was sentenced to 8 year TDC time February 07. He's up for parole and I'm scared. He doesn't know how to be a father, I'm afraid he's going to influence my son in a bad way, or put him in bad situations and truthfully I'm afraid of him dropping out of my son's life again. I would like to know if I can obtain supervised visitation for him when he gets out because I honestly don't trust him with my child. My son sees him now in prison more than he ever has in his entire life because his grandmother takes him down sometimes. I don't know if getting an attorney is going to be a waste of my money or if I have a legit case. Can you advise what the best way to go about doing this is?
- Category: Divorce
- Subcategory: Visitation
- Date:
- State: Texas
Answer:
In Texas, the court typically appoints a parent as a Possessory Conservator unless it finds that this is not in the child's best interest (Tex. Fam. Code § 153.191). There is a presumption that the Standard Possession Order is reasonable and in the child's best interest (Tex. Fam. Code § 153.252). To obtain supervised visitation, you must provide evidence that unsupervised visits would be harmful to the child or that the child may feel uncomfortable due to a lack of familiarity with the parent.
A history of drug abuse and criminal behavior can indicate a risk of harm to the child, either through exposure to illegal activities or an inability to provide proper supervision. Evidence of violence or a history of harming the child can strengthen your case for supervised visitation (Tex. Fam. Code § 153.004).
When determining custody and visitation, the court considers any history of family violence or abuse (Tex. Fam. Code § 153.004). If there is credible evidence of neglect or abuse, the court may restrict access to the child. The court may also impose conditions on visitation, such as requiring supervision, safe exchange settings, or abstaining from drugs or alcohol (Tex. Fam. Code § 153.004).
If you believe circumstances have changed significantly since the last order, you can file for modification of the custody order. The court will assess whether the modification serves the child's best interest (Tex. Fam. Code § 156.101).
Consulting with an attorney can help you understand your options and build a strong case for supervised visitation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.