When navigating divorce or other Suits Affecting the Parent-Child Relationship (SAPCR) in Texas, ensuring the safety of children is paramount; especially, when there are known potential threats to their well-being. Courts prioritize the best interests of the child, and in situations where safety is a concern, alternative child possession arrangements may be necessary, despite the cost and/or inconvenience this may cause one or both parents. This blog post will explore various arrangements, including supervised visitation and other safety measures, to protect children while allowing parents to maintain their relationships with them.
Understanding Child Possession Arrangements
The Texas Family Code expressly provides that “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.” The primary goal is to create a stable and secure environment for the child. However, when safety concerns arise—such as allegations of abuse, substance misuse, or domestic violence—courts may need to modify traditional possession arrangements.
- Supervised Visitation
One of the most common safety arrangements is supervised visitation. This arrangement ensures that a parent can spend time with their child only in the presence of a neutral third party. Here’s how it works:
- Supervised Visitation Centers: These are facilities specifically designed for monitored visits. Trained supervisors oversee the interactions, ensuring that the environment is safe and that the child is protected from potential harm. Besides the expense of using these facilities, it is not a comfortable site for family members to relax and enjoy one another’s company. But, sometimes they are the best alternative, when no other less formal arrangement is available and suitable.
- Family Supervision: In some cases, a trusted family member or friend can serve as the supervisor during visitation. Family supervision can provide a more familiar environment for the child while still maintaining safety considerations, so long as the supervisor understands that, despite his or her relationship with the family, the supervisor is the court’s designee (while supervising), and as such, should follow the court’s instruction about such matters as if and when to terminate an inappropriate visit; not leaving the child(ren) alone with the parent being supervised, even to take a phone call, or to use bathroom facilities. It’s really asking a lot of the supervisor.
- Virtual Supervision: With the rise of technology, some parents may opt for virtual supervised visitation, where interactions happen over video calls. This can be a temporary measure while more permanent arrangements are being established.
- Safety Plans
In addition to supervised visitation, courts may implement safety plans tailored to specific situations. A safety plan outlines the steps that will be taken to ensure the child’s safety during visitations. Key components may include:
- Drop-off and Pick-up Locations: Designating safe, neutral locations for exchanging the child can help reduce tensions and minimize the risk of conflict. Public places like parks or coffee shops can serve as suitable meeting points. Sometimes, a police station is used.
- Emergency Contacts: Including a list of emergency contacts and protocols in the safety plan can provide additional security. This ensures that if an unexpected situation arises, the necessary support is readily available.
- Restricted or Limited Visitation
In cases where supervised visitation is not warranted, but Standard Possession seems likely to either raise safety concerns; or, to be otherwise not in the best interest of the child(ren); the court may order restricted or limited visitation. This arrangement could include:
- Shorter Visitation Periods: Instead of extended visits, the court may order shorter, more frequent visits to allow, e.g., for re-establishing the relationship between a once-absent parent, and the child(ren).
- No Overnight Visitation: Courts may restrict overnight visits if there are concerns about the child’s safety during these times. This often arises when substance abuse is an issue, sine it often is most pronounced at night.
- Therapeutic Visitation: In certain situations, the court may recommend therapeutic visitation, where a licensed therapist supervises the visits. This approach can help address underlying issues while ensuring the child’s safety. Tis is often referred to as Reunification Therapy
- Legal Protections and Resources
Parents concerned about their child’s safety should be aware of legal protections available in Texas. These may include:
- Protective Orders: If there are threats, or the use of violence, then Protective Orders may be needed. We have blogged about these previously, such as here.
- Counseling and Support Services: Parenting Facilitation can be helpful in high conflict cases. For more about this subject, you can read here
Conclusion
Navigating child possession arrangements in the context of a divorce or SAPCR case can be complex; especially, when safety concerns arise. However, various alternatives—such as supervised visitation, safety plans, and restricted visitation—can help ensure that children’s well-being is prioritized. If you are facing a situation where child safety is at risk, consulting with an experienced Texas lawyer can provide guidance tailored to your unique circumstances. Together, we can work towards creating a safe and supportive environment for your children, even amidst challenging times.
If you have questions or need assistance with your case, please feel free to reach out for a free consultation.