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Supervised visitation?

Spring, TX |

I am a custodial parent. My child is 4 months old. The NCP lives almost 400 miles away. We have a court date next month to get a child support order. Will they establish a visitation order on the same date? Or will that be set on a different date? Do I have the right to set visitation to be supervised? I'm being told that I have to prove that the child would be in danger with the NCP or that the NCP is on drugs. I thought he could lose his parental rights if I were able to prove that. Do I have to prove anything if I want his visitation to be supervised? Do I have the right to make sure that he isn't allowed to bring anyone else to the visitation?

Attorney Answers 2


Visitation orders are usually set when child support orders are. You can always request supervised visitation, but you won't get it without showing good cause: alcohol, substance abuse, domestic violence, etc.. Yes, these thing require proof. Even if you can, that will not be sufficient to terminate parental rights.

You have the "right" to ASK that he not bring anyone to visitation. Whether it is granted is, again, dependent on what good cause you can prove. If you request that NO ONE be allowed, it likely will not be granted.

Your child is young enough that visitation can be provided according to "Under 3" provisions, which are designed to get the child acclimated to the other parent. There would not be any overnight visitations for a while.

If you are going through the AG's office to get child support, don't look for much in the way of special requests in visitation orders. They are not equipped for that. They only represent the State, not you, and are primarily concerned that the child has the proper support. You should hire a reputable family law attorney. There are plenty on this website that could help you.

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It sounds like you are involved in an Attorney General case. Hearings like that are not good places to get specifically what you want, including supervised visits. The Attorney General does not represent you, and won't do what you want them to do. There are also way too many cases, and too few Judges, to have a real hearing about the best interests of the child. If you want to get what you are seeking, you need to get a private sector lawyer and remove the case off of the AG Docket.

This information is not legal advice and does not form an attorney-client relationship.

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