It’s difficult when a marriage ends. Most of us go into marriage thinking it will last forever. Once we become parents, we have images of living happily ever after with our spouse and kids.
Many of us would like to grow into old age with the person we picked as our partner.
Unfortunately, it may not work out the way we would have wished. Divorce is challenging as it is. It can be even more challenging when you have children, and your former spouse is not the best parent possible.
It’s a parent’s greatest desire in a divorce that the children remain unharmed. Later on, most parents wish that their children could find healing after the pain of a divorce. A former spouse who is acting unsafe or even abusive towards the children can make things a nightmare.
If you have concerns about your children’s safety with a former partner, it may be necessary to request supervised visitation. Here, we’ll discuss how to get supervised visitation in Texas.
How Does Supervised Visitation in Texas Work?
Supervised visitation in Texas is when the court does not allow your former spouse to spend time alone with your children. In this case, you would have custody of your children, and the court would award your former spouse supervised visits. The court would require a third party, called a “monitor,” to be with your former spouse during those visits.
The court will order supervised visitation in Texas when the behavior of your former spouse is erratic or dangerous. The top priority will be the safety and security of your children.
When Might a Court Order Supervised Visitation in Texas?
The court might order supervised visitation in a few different circumstances, such as:
- Your former spouse (the non-custodial parent) has been violent towards or threatened violence towards the children;
- The non-custodial parent emotionally abuses the children;
- The non-custodial parent is battling an addiction to drugs;
- Your former spouse is living with a romantic partner that would have a negative impact on your children;
- Your former spouse is in prison, and the court believes this would be detrimental to your children;
- The non-custodial parent has a severe mental illness and might harm the children; or
- If an older, mature child has a specific request regarding supervised visitation.
Why You Shouldn’t Allow a Friend or Family Member to Supervise
If you were in a relationship with an abusive or manipulative partner, you might think it’s enough for a friend or family member to be there for the visits. This is never a good idea, as abusive or manipulative people are often this way to more than just their spouse.
Your friend or family member may be putting themselves in a difficult and dangerous situation, and your children may not be fully protected.
The court-ordered monitor will often be a psychiatrist or psychologist who has the training to spot any signs of physical or emotional abuse. Usually, at first, your former spouse will have to go to a specific location, such as the professional’s office, to visit with the children.
Over time, the visits may shift to a different location as the monitor determines your children are safe.
How to Get Supervised Visitation in Texas
If you know you would prefer it, your next question may be about how to get supervised visitation in Texas. You may request supervised visitation in Texas during your divorce.
If you are not currently going through a divorce, but are in the middle of a paternity case or a case for a protective order because of family violence, you can also request supervised visitation in Texas.
If none of the above are applicable, you should contact an experienced family law attorney, like the Law Office of Ben Carrasco, to help you request supervised visitation.
Although the court ultimately decides, the Law Office of Ben Carrasco has years of experience handling matters like this in the state of Texas. Give us a call at 512-320-9126 as soon as you can.