Few decisions land harder than one that limits your time with your child. Whether you face a new custody case or already follow a court-ordered schedule, you might be asking what legal recourse you have.
Legal framework in Texas
State law refers to visitation as possession and access, while conservatorship describes decision-making authority. The document that governs your parenting time is a possession order, issued within a Suit Affecting the Parent-Child Relationship.
For a child at least three years old, the Family Code presumes that a standard possession order serves the child’s best interests. The statute also treats that schedule as the minimum amount of parenting time a fit parent should receive. The specific terms depend in part on the distance between the parents.
When they live 50 miles or less apart, the standard order generally provides for Thursday overnight possession and weekends that extend until Monday morning during the school year. At distances between 51 and 100 miles, Thursday possession typically ends in the evening, and weekend possession ends on Sunday.
This presumption is rebuttable, which places the burden on whoever seeks less contact. Modest departures require evidence that the default schedule does not fit the child’s circumstances. Supervision or outright denial demands proof of danger to the child’s physical or emotional welfare.
Grounds for restricted parental access
A judge can limit, condition or fully deny a parent’s possession and access when certain facts threaten a child’s physical or emotional welfare. Some circumstances that may lead to restrictions include:
- A history or pattern of family violence within the two years before filing or during the case
- Credible evidence of physical or sexual abuse directed at a child, the other parent or a spouse
- Past or present neglect of the child’s basic needs
- Substance abuse that undermines safe care of the child
- Conduct indicating a risk of child abduction
A family violence finding creates a presumption against unsupervised visits. The court may also impose conditions such as alcohol abstention for the 12 hours before each visit or completion of a battering intervention and prevention program.
Options after an adverse ruling
A restrictive order seldom functions as a permanent arrangement. Texas treats supervision as a protective measure rather than a punishment, so judges often pair monitored access with requirements such as counseling, parenting courses or treatment programs.
Completing those requirements builds the foundation for a petition to modify. That filing asks the judge to revise the order based on a material and substantial change in circumstances. Documented compliance, negative test results and consistent attendance at supervised visits give the judge concrete reasons to expand your schedule.
A separate remedy applies when the other parent withholds the child without approval. A visitation journal that records each denial at the designated exchange point supports a motion to enforce. Through that motion, the court can uphold the order and award makeup time for the missed periods.