Visitation Rights Attorney in Katy

How Texas Structures Possession & Access

Texas law separates parental rights into two distinct categories. Conservatorship covers legal decision-making authority: who decides where a child goes to school, what medical care they receive, and similar matters. Possession and access are separate and govern the actual time each parent spends with the child. A parent can hold joint conservatorship while still following a structured possession schedule.

The Standard Possession Order

For children age three and older, Texas Family Code Section 153.252 presumes the Standard Possession Order (SPO) is in the child’s best interest. When parents live within 100 miles of each other, the noncustodial parent generally has parenting time on the first, third, and fifth weekends of each month, a Thursday evening during the school year, alternating holidays, and 30 days in the summer. When parents live more than 100 miles apart, the schedule shifts: the noncustodial parent receives 42 days of summer possession and every spring break instead of the standard weeknight visit.

The Expanded Standard Possession Order & Children Under Three

Since 2021, a non-primary parent who lives within 50 miles of the child may elect the Expanded Standard Possession Order (ESPO). The ESPO uses school-based pickup and drop-off times rather than fixed clock times, which typically means more practical transitions for working parents. For children under age three, the SPO presumption doesn’t apply. Instead, the court evaluates factors under Family Code Section 153.254 to set an age-appropriate schedule. Parents can agree to a different schedule than the court order provides, but when they can’t agree, the written order controls.

Modifying or Enforcing a Visitation Order in Katy

Life changes, and sometimes a possession order that worked when it was entered no longer fits. Texas courts may modify an existing order when there has been a material and substantial change in circumstances since the order was signed. Common examples include a significant relocation, a change in a parent’s work schedule, or a shift in the child’s school or activity commitments.

When a Parent Withholds Court-Ordered Parenting Time

Texas Family Code Chapter 157 provides a path to enforcement when a parent is denied court-ordered parenting time. A motion for enforcement must identify the specific provision violated, describe how the order was not followed, and state the relief requested, including the date, time, and place of each alleged violation. Courts take these motions seriously. Remedies can include make-up parenting time, reimbursement of attorneys’ fees and expenses, and a contempt finding, which can carry fines or jail time.

One procedural point matters here: a parent isn’t considered to have been denied visitation unless they personally appeared at the court-ordered pickup location at the designated time. Documenting your attempts is important before filing.

Filing in the Right Court for Katy Cases

Because Katy spans Harris, Fort Bend, and Waller counties, each with its own family court system, enforcement and modification motions must be filed in the specific court that entered the original order. Identifying the correct venue is one of the first things we address when a new visitation matter comes to us.

Grandparent & Nonparent Visitation Rights in Texas

Texas law starts from a strong presumption: fit parents act in the best interest of their own children, and courts respect that presumption. Grandparents and other nonparents don’t have an automatic right to court-ordered visitation. Under Family Code Section 153.432, however, a biological or adoptive grandparent may petition for possession of or access to a grandchild under limited circumstances.

To succeed, the grandparent must overcome the parental presumption by proving that denying access would significantly impair the child’s physical health or emotional well-being. The grandparent must also show that one parent is incarcerated, has been found legally incompetent, is deceased, or lacks actual or court-ordered access to the child, and that at least one parent still holds parental rights.

A grandparent or nonparent seeking court-ordered access files a Suit Affecting the Parent-Child Relationship (SAPCR). If a court order already governs the child, the request is filed as a modification to that order. These cases require careful preparation given the high burden Texas places on nonparent petitioners. We can walk you through what standing requires and what documentation supports a petition.