The court will appoint the parent a Possessory Conservator unless the court finds that such an appointment is not in the child’s best interest. Texas Family Code section 153.191. There is a rebuttable presumption in Texas law that the Standard Possession Order set out in the family code is reasonable minimum possession for a parent and is in the best interest of the child. Texas Family Code section 153.252. In order to be granted supervised visitation only, this presumption must be rebutted by evidence that it would be harmful to the child, or that the child may be uncomfortable because he doesn’t know his parent. Even if the court found that a supervised visitation schedule was warranted, it is usually short-lived. In other words, the court’s goal is generally to achieve a Standard Possession schedule for the parties and the child eventually. This is true because it is logistically difficult to implement supervised visitation since this usually requires an imposition on the schedule of a volunteer supervisor, such as a family member. Paid supervisors are available, but they become quite expensive. Plus, it is not ideal because the child obviously doesn’t know the paid supervisor.
Call 214-373-9292 or contact us to discuss your concerns.