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Do you know any SAPCR cases describing the circumstances under which absent parents are given step-up/supervised visitation?

Houston, TX |

I would like for my daughter's father, who lives several states away, to have step-up or supervised visitation rather than the standard visitation schedule for parents residing over 100 miles away. My daughter just turned seven. Her father didn't see her at all the year she turned two and the year she turned six. Most other years, he only saw her one or two times per year. She is afraid to get on a plane by herself to visit her father and doesn't want to visit him if I am not close by. I am seeking case law that will show me whether there is a precedent for what I have asked from the courts.

ADDITIONAL INFO: Father is litigious, makes twice what I do and has spent well over $30,000 in legal fees attempting to reduce his child support payments, seeking sanctions against me and and pursuing the standard order even though he has not attempted to visit our daughter in the past two years. He has rejected my multiple attempts to discuss this issue out of court. Our daughter has told me she tried to tell him she was afraid to get on a plane without a parent and I have told him, also. He is dismissive of both of our concerns and doesn't seem to understand how pushing sudden long-distance visits might be traumatic to her. It's been emotionally taxing. I do not understand his actions and am trying to find out if there is any legal precedent whatsoever for what we have asked him to consider doing (visiting her in Texas until she is more comfortable a) visiting him in his state or b) traveling alone).

Attorney Answers 3


File a modification and get him served. Doubtful he will defend since he is so far away.

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If your daughter is seven years old and there is no reason for the court to order supervised visitation (other than the reason that she does not want to go) then it is not likely the court will grant a request for supervised visitation. I would suggest that you speak to her father about what you are trying to accomplish. He should be understanding knowing she is having difficuly being around him when you are not present. You may be able to come up with some type of vacation or spring break planning where you could be there or nearby. If a modificaton is filed, you may have to work this out in mediation first (if the court orders it). So why not try to work it out amongst yourselves first.

The information provided is not advice but a legal perspective and you should schedule a consultation with the lawyer of your choice.

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Wow! You need to talk with a lawyer.

A step up or supervised visitation sounds like it would be a logical condition. I have had many cases with situations like yours. Children that young flying alone are dis favored. If he is absent, it is like visits would be here and under supervision for 3 to 6 months at least.

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