College Station, TX asked in Family Law, Child Custody and Child Support for Texas

Q: Is visitation different for children 3 months old? My sons dad moved 3 or more hrs away and now wants to be involved.

My sons dad was not involved during the pregnancy and even wanted to give up his rights at one point. I am having a hard time wanting to send my son 3 hrs away. However, I let his dad come get him last weekend and that whole week after my son came home his sleep schedule was off. His dad wants to do this every other weekend but I think that is too much for a 3 month old. Right now we do not have custody or child support set into place, next week we have a child support meeting. I would like to request that he can get my son once a month but I am not sure what the best thing would be.

3 Lawyer Answers
Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: Visitation for children is done in the best interests of the child. Factors to consider for overnight are whether the father was living with you and if so did he keep the child overnights before he moved. In general long overnight periods for a newborn at 3 months would not be likely. But, there is no set schedule. Good luck.

1 user found this answer helpful

Sharita Blacknall
Sharita Blacknall
Answered
  • Divorce Lawyer
  • Plano, TX
  • Licensed in Texas

A: Visitation for children under the age of 3 is usually done in phases that are designed to eventually lead up to the non-custodial parent getting the standard visitation with overnights on the first, third and fifth weekend, summer visitation, holidays, and spring break.

The phases usually start out with 1 day on the weekend for a few hours for a few months and then the time increases in increments.

Courts have wide discretion in determining visitation schedules when the children are under 3.

It is always best to try to come to an agreement with the other parent rather than letting the court decide. If you cannot come to an agreement, then you should hire an attorney to go to court to advocate for you getting the schedule you believe is in the best interest of the child.

1 user found this answer helpful

Tammy L. Wincott
Tammy L. Wincott
Answered
  • San Antonio, TX
  • Licensed in Texas

A: Yes, visitation is different for children under 3. The Court has specific guidelines to follow for 3 and up; however, for under 3 years of age thre are no guidelines as these are really very formative years for a child. It's best for the parents to work together and come up with an arrangement that is in the best interest of the child and a schedule that actually allows the child to bond with both parents at this crucial time in their life.

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