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Legal Information: Texas

Custody

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Updated: 
April 10, 2018

When can a parent who committed violence be ordered to have supervised visitation only?

The judge can refuse to allow unsupervised visitation (in other words, the parent can only have supervised visitation) if you can prove that there is a history/pattern of past or present child neglect, child abuse, or family violence committed by:

  • the parent who is requesting unsupervised visitation;
  • any person who resides in that parent's household; or
  • any person who that parent allows to have unsupervised access to the child during that parent's periods of possession of/access to the child.*

One factor that the judge can consider when making his/her decision is if there was a protective order issued against that parent (or against the other person mentioned above) during the two-year period before the case began up through the present date.**

However, even if any of the above are true, the judge can still allow unsupervised visitation if the parent presents enough evidence that unsupervised visitation is in the child's best interest and s/he succeeds in convincing the judge.***

* Tex. Fam. Code § 153.004(e),(g)
** Tex. Fam. Code § 153.004(f)
*** Tex. Fam. Code § 153.004(e)