When you meet with an Austin family law attorney regarding your wish to increase the visitation time, called possession and access in Texas, you have been given with your child, your Austin family law attorney at Nunis & Associates can help explain how you might be able to do so. There are several options you have when you are seeking more visitation.
If you can, the best option is for you to try to work out an agreement with your ex for a visitation increase. This will involve your being willing to make compromises. If you are able to reach an agreement in this way, you’ll then be able to avoid heading to court where the judge may rule against your request. However, you will still need to go to court to get the judge to sign off on your new visitation order.
If you can’t get your ex to agree to you having more visitation, you still may have another option short of going to court. This involves a process called mediation in which you will both meet with a trained mediator. Mediators facilitate agreements by listening to both sides and then making recommendations. If you reach an agreement through mediation, it will become the court’s order. If you are unable to reach one, you may have to argue the case before the family court. Often times, both parties are required to be represented by family law attorneys in mediation.
If you have to take your case before the court, you can do so by filing a motion to modify the parent child relationship. The court will then schedule a hearing. Judges make their decisions about child custody and visitation based on what is in the child’s best interests rather than what is in the parents’. Generally, judges will not grant an increase in visitation if the goal is to reduce your child support amount or if you are motivated by simply wanting to punish your ex. With that in mind, the evidence you bring should be the evidence that shows a visitation increase is in your child’s best interests.
For help with increasing your visitation time, call an Austin, Texas family law attorney at Nunis & Associates at (512) 236-9696.