Military
Visitation for Parents in the Military
If a custodial or noncustodial conservator is ordered to military deployment, military mobilization, or temporary military duty location a substantial distance from the other conservator’s residence, either conservator may file for a temporary order modifying possession or access to the child. Military parents are required to create a care plan designating care of the child. … Read more >
Warm-up visitation
Warm-up visitation plans are used to help children get to know or become reacquainted with a parent they may not have seen for a long time. Warm-up time may be supervised by a close relative or friend that the child knows well and can turn to for encouragement. Supervised visitation centers also may provide this service.
Grandparents
Can the court give me the right to visit my grandchild?
The easiest way to visit with your grandchild is to establish or maintain positive relations with the child’s parents. Only one parent has to give permission, as long as you are visiting the child during that parent’s period of possession. Under some circumstances, grandparents can obtain a court order granting them the right to visit … Read more >
I am a grandparent being denied access to my grandchild. What can I do?
Sometimes, after parents separate, other family members miss seeing the child who has gone to live with only one parent. Grandparents have limited rights and non-relatives have even fewer. Maintaining a positive relationship with the parent of the child is one way to continue to see the child. Before you contact the parents, think about … Read more >
I am concerned about the safety of my grandchild.
If you think the child is in serious and immediate danger by continuing to live with a parent (or parents), call 9-1-1 in the case of an emergency. Call Child Protective Services at 1 (800)-252-5400 if you believe the child is being abused or neglected. You may also be able to get emergency relief in … Read more >
I’m not listed in the court order. Do I have any rights to see the child?
Texas does not give automatic rights to extended family members, such as grandparents, aunts, uncles, stepparents, or other relatives. Unless you go to court and get a judge to give you rights, you do not have any legal right to visit with a child who is not your biological child. This does not mean you … Read more >
Teen parent
Acknowledgment of Paternity
The Acknowledgment of Paternity (AOP) is a legal form that parents who are not married to each other use to establish paternity. Paternity means legal fatherhood. When both parents sign an Acknowledgment of Paternity and it is filed with the Texas Vital Statistics Unit, the biological father becomes the legal father. Once the biological father … Read more >
DNA Test
DNA is genetic material that a child gets from each parent. A DNA test compares the genetic material of the child and parent(s) to determine who the biological father is. The test is simple and painless. The inside of the cheek is swabbed to collect samples of buccal cells. The DNA samples are compared to see … Read more >
I am a teen parent. Is anything different for me?
A teen parent, also known as a “minor parent,” refers to a person under 18 years of age, who requires an adult (preferably a parent or legal guardian) to represent him or her in the child support court process. An adult representative must come to court because a minor cannot legally sign a waiver of … Read more >
Supervised Visitation
In supervised visitation, the noncustodial parent can only see the child when supervised by another adult. Supervised visitation gives parents in high conflict situations access to their children in a safe and controlled environment. Supervised visitation is used to protect children from potentially dangerous situations while allowing parents access to maintain the parent child relationship. … Read more >
Non-custodial parent
Child Support
What is Child Support? Child support is money that one parent pays to the other parent in order to provide for the child’s needs, such as food, clothing, school supplies, housing, daycare, or activities. For more information, visit the Texas Office of the Attorney General Child Support Division. View an introductory video about the child … Read more >
Do I have access to medical records, school records, or other records of the child?
Unless the court has specifically limited your right to these records, you can access them without regard to whether the order gives you the right. This is also true of dental records, psychological records, and educational records. Take a copy of the court order with you when you try to access records.
Expanded Standard Possession Order
Texas law allows the noncustodial parent (possessory conservator) to request a different beginning and ending pickup time for the Standard Possession Order. The noncustodial parent can choose to pick up the child when the child’s school is regularly dismissed, and to end when the child’s school resumes. This replaces the 6:00 p.m. start and end … Read more >
Noncustodial Parent Special Election
The noncustodial parent can elect to take possession of the child only one weekend per month. In this case, the noncustodial parent gets to pick the weekend he or she wants, as long as he or she gives the other parent at least 14 days’ written or telephonic notice. This is a special election. The … Read more >
Parenting Plan (Possession or Visitation Order)
This legal document, also called the possession or visitation order, sets out the minimum amount of time the child spends with mom and dad. The order is authorized by the Texas Family Code, Section 153.311.
Standard Possession Order
Most custody orders include a Standard Possession Order (SPO) (Texas Family Code Title 5, Subchapter F [153.3101 – 153.317]) that sets the schedule for each parent’s time with the child. Custody orders refer to parenting time as access and possession, which is the same as visitation. The SPO tells the parents where the exchanges of … Read more >
The other parent or caregiver is not letting me see the child. What can I do?
If the court order lists you as possessory conservator/NCP and you believe the other parent or caregiver is violating your parenting time/visitation rights, read about enforcing visitation rights. Read about Enforcement of Visitation here, or download the TexasLawHelp.org Visitation Kit.
Warm-up visitation
Warm-up visitation plans are used to help children get to know or become reacquainted with a parent they may not have seen for a long time. Warm-up time may be supervised by a close relative or friend that the child knows well and can turn to for encouragement. Supervised visitation centers also may provide this service.
Custodial parent
Custodial Parent
The court will name one parent as responsible for establishing the child’s primary residence and may designate the geographic area of that residence. This parent is the primary joint managing conservator or sole managing conservator of a child, commonly referred to as the “custodial parent (CP).” The CP usually receives child support and is also … Read more >
Joint Managing Conservators Rights and Responsibilities
Texas law presumes that both parents should be joint managing conservators. When considering restrictions on rights and possession, the judge can consider a history of domestic violence, and the amount of time the parent has spent with the child. Read more about the rights and duties of a sole managing conservator. Standard Rights and Duties … Read more >
Sole Managing Conservator and Possessory Conservator – Rights and Responsibilities
The OAG addresses the following issues in a Suit Affecting the Parent Child Relationship (parents are not married): child and medical support, and conservatorship and possession and access (parenting time). This section addresses the parenting portion—conservatorship and possession and access. In most cases, the standard possession order (SPO) is included in your OAG child support … Read more >
Incarcerated
Supervised Visitation
Supervised Visitation allows the other parent to visit with his or her children, but requires another adult to supervise all visits. Supervision can be provided by a friend or family member, or by a professional agency that will provide the service for a fee. Call your local domestic violence shelter or other advocacy group to … Read more >
Visitation for Incarcerated Parents
The Office of the Attorney General is not authorized to handle custody or visitation disputes. After incarceration, the Access and Visitation Hotline can provide parenting time (visitation) resources that may help you reunite and resume parenting time with your children. The hotline number is 1 (866) 292-4636 and is answered in English and Spanish, Monday through Friday, from 1-7 p.m.
Warm-up visitation
Warm-up visitation plans are used to help children get to know or become reacquainted with a parent they may not have seen for a long time. Warm-up time may be supervised by a close relative or friend that the child knows well and can turn to for encouragement. Supervised visitation centers also may provide this service.
Non-married
Co-Parenting
What is Co-Parenting? Co-parenting (sometimes called “shared parenting”) is when both parents work together as a team to raise their children, even after the marriage or romantic relationship ends. Communication between parents who lead separate lives can be difficult, especially when there are hurt feelings or other emotional barriers. Parents must learn to put these … Read more >
Help Your Children Succeed—Maintain the Co-Parenting Relationship
Parenting in one home is a challenge, and parenting in two homes can be especially hard. When a break up is fresh, it can be difficult for parents to set aside their emotions and focus on their children’s needs. The newness of exchanging the children will eventually become a routine, normal process. The children are … Read more >
Standard Possession Order and Parenting Time
Most custody orders include a standard possession order (SPO) that sets the schedule for each parent’s time with the child. Custody orders refer to parenting time as access and possession, which is the same as visitation. Terms of the basic SPO allow the noncustodial parent to have possession of the child a couple of hours … Read more >