This form is a Visitation Agreement. The form provides a schedule which allots time for visitation to the non-custodial parent of minor children.
Texas Visitation Guidelines
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Multi-State
Control #:
US-02537
Format:
Word;
Rich Text
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How to fill out Visitation Guidelines?
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FAQ
The Child's Age Plays a Role in Having a Say in Child Custody in Texas. ing to the Family Code, Section 153.009, the court will interview a child who is 12 years of age or older to determine the child's wishes about which parent he or she would like to live with primarily.
For parents who live within 100 miles of each other, the noncustodial parent has visitation: ? First, third and fifth weekends of every month. Thursday evenings of each week. Alternating holidays (such as Thanksgiving every other year). An extended period of time (30 days) during the sum- mer vacation.
The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021).
This is a common misconception. A child under 18 does not have a legal right to refuse visitation. However, children aged 12 and older can express their wishes to the judge. The judge can then consider the child's preference but isn't obligated to follow it.
In Texas, children do NOT have a right to refuse visitation until the age of 18. So, if your 10-year-old doesn't want to visit dad or mom, that's a decision he or she doesn't have the right to make. There are many reasons a child won't want to visit mom or dad in a shared custody situation.
In Texas, there is no age under 18 that allows for a child to refuse visitation. Visitation is the right of the parent, and it cannot be taken away by the custodial parent or child. The only option would be for the custodial parent to request a modification of orders.
What Age Does a Child Have a Say in Custody? Although children cannot officially decide which parent they want to live with until they are 18 years old, Texas law does allow children that are 12 or older to have a say in where they'd like to live, but ultimately a judge will make the final decision.
You cannot simply deny visitation rights to the other parent if your child does not want to see them. However, you can consider filing for modification of your current visitation agreement if there is evidence that the child's physical or emotional well-being is at risk due to the visits.