I filed for modification of custody several weeks ago. For the past three years I have seen my children 2.5 hours x 2 days a week (20+ hours a month). This is supervised by my sister who has PMC. The addendum A in the original order states that she has control of visitation, and so far she has never told me I couldn’t see them until now. I have asked for SPO, but she has countered this request to modify with one hour a month of court supervised visitation. She was given PMC in 2015 after I went through domestic violence and mental health issues. I have made many improvements including remarriage, masters degree, and over all stability. Would the court really consider only letting me have one hour a month if so haven’t done anything wrong since the last court date in 2015? She has made it clear to me that I will lose all my visits if I take her to court. I’m very nervous.
There is a vast difference between what a court can do and what it will do.
Texas has a very strong parent-child relationship policy. Texas makes that a priority which translates into a policy of strong encouragement of frequent and continuing contact between the child and the non-custodial parent.
On the other hand, the fact that the court gave custody of your child to a non-parent over you, says that your behavior was highly damaging to the child and the court will keep that in its mind as it is hearing evidence. HOWEVER, it will lean in the direction of more contact than less IF you put on strong evidence of your improvement including but not limited to testimony from mental health professionals, employers, educators, your present spouse, neighbors and other friends.
CAUTION: do not try to do this on your own. You will need an experienced lawyer to develop a strategy and put on your evidence.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline