When a couple gets divorced in Texas, the court must decide what is in the best interest of the children involved. This is especially important when the children are under three years of age. The age of three is considered a critical developmental stage in a child’s life, and it is important to ensure that they are surrounded by stability, love, and care. In this blog, we’ll explore the guidelines for visitation in Texas for children under three and what factors the court considers when making decisions about child custody and visitation.
Texas Family Code
Texas Family Code provides guidance on how the court should handle child custody and visitation in divorce cases. According to Section 153.317 of the Texas Family Code, the court must consider the best interest of the child when making decisions about child custody and visitation. The court considers various factors when determining the best interest of the child, including the child’s physical and emotional needs, the child’s relationships with family members, and the child’s ability to adjust to their home, school, and community.
Visitation Guidelines
The court may order a standard possession order (SPO) for visitation in Texas for children under three. The SPO provides a schedule for the non-custodial parent’s visitation, which includes weekends, holidays, and a midweek visit. The court may also order a modified SPO that provides for additional visits if the court determines it is in the best interest of the child.
In cases where the child is under three years of age, the court may limit the non-custodial parent’s visitation to supervised visits until the court determines that unsupervised visits are in the best interest of the child. This is because children under three are very young and may not have the emotional or cognitive abilities to understand or cope with long periods of separation from their primary caregiver.
Factors Considered by the Court
The court considers several factors when making decisions about child custody and visitation for children under three. These factors include:
- The child’s age and developmental stage.
- The child’s relationship with each parent and other family members.
- The child’s physical and emotional needs.
- The ability of each parent to provide for the child’s physical, emotional, and developmental needs.
- The child’s ability to adjust to their home, school, and community.
- Any history of domestic violence or child abuse.
- The child’s preference, if they are old enough to express their views.
Conclusion
Visitation in Texas for children under three is an important decision that must be made with the child’s best interest in mind. The court must consider the child’s age, developmental stage, relationship with each parent, and other relevant factors when making decisions about child custody and visitation. In cases where the child is under three years of age, the court may limit the non-custodial parent’s visitation to supervised visits until the court determines that unsupervised visits are in the best interest of the child. It is important to seek the guidance of a qualified family law attorney to ensure that your rights and the rights of your children are protected throughout the process.