Will father that has cancelled half of his visitations for the past 2 years get standard visitation with a 3.5 year old child?

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Texas Child has speech disability History of a high-risk sex offender living in father's home on a couple occasions and may come back, at least to visit Father has voluntarily terminated his rights to other children after neglecting them Father is a regional truck driver with Saturday @ Sunday off Father's shown little interest in child's life. Father's home will be a new environment for the child Father's home has a negative home study in 2008. Father is going to rely heavily on his mom to help him with his very active toddler, but his mom walks with a cane, is slowly going blind, not supposed to drive, and has been on disability for 15 plus years. Even though there is no order for child support the father has done nothing to support his child since January 2009, in other words, he does not care about the well being of his child, according to txaccess.com Father past out during Sept 2009, has tried getting on disability, several recent E.R. visits, and passed out in 2009

Attorney Answers

2
Wendy Wood ·
I wish I had a little more substantive information, but I will answer your queston based on the general information you have given. The Texas Family Code actually encourages visitation between the father and the child. A Standard Possession Order (SPO) is presumed to be the minimum amount of time that is in the child's best interest to spend with a loving and protective non-custodial parent. If the child's father has a "reasonable" explanation for his limited involvement with the child over the last couple of years, and there are no factors that would restrict his time with the child in the future (i.e. positive drug testing, alcohol issues,anger problems), then the SPO is a likelihood. On the other hand, if the Court determines that there should be a graduated period of time to reintroduce the child to his/her father, then the Court may enter a "stair-step" order to work up to such SPO. If you don't believe that a graduated period of access or SPO is in your child's best interest, then I highly recommend that you retain an attorney for this action. Wendy Wood www.wendywoodlaw.com [email protected] 979.779.9663
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Jennifer Cochran ·
Standard possession is the standard in Texas. As the attorney above advised, Texas strongly encourages relationships between parents and children. In your case though, you can petition the Court to order a step up schedule from a few hours of supervised visits leading up to standard possession. However, you do need to consult a family attorney with more substantive information so that they can provide you with specific advice. If this guy truly isn't interested, then perhaps it's time to petition the Court to terminate his rights.
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