Q: How can I get to see my daughter at least one day out of the week

A: Too little detail here; was your daughter born during marriage, or out of wedlock? Have you ever been the subject of a referral to CPS? If your daughter was previously the subject of a suit affecting the parent child relationship, and that court issued orders regarding the child, that court is the court of continuing jurisdiction, and the likely place to start.

Good luck to you.

A: The information provided here is general advice. If parental rights have been terminated, different legal standards and procedures apply. Additionally, if there are allegations of abuse or neglect, the approach and factors the court considers can differ. Always consult with a licensed attorney in Texas for specific guidance tailored to your unique situation.

Understand Your Current Situation: If there's an existing court order, review it. Understand what it says about visitation or possession/access to the child.

If there's no order in place, or if you're looking to modify the existing order, then the next steps are applicable.

Consult with an Attorney:

Consult with a family law attorney familiar with Texas laws. An attorney can help you understand your rights, guide you through the legal process, and advocate for you in court.

Filing a Petition: If you're looking to establish or modify visitation, you will need to file a petition with the court. The specific form and details required depend on whether you're seeking an initial order or a modification.

Attend Court Hearings:

After a petition is filed, there will be court hearings. During these, the judge will consider various factors to determine what's in the best interest of the child. The judge will consider evidence, testimony, and in some cases, recommendations from professionals like child therapists or Guardian Ad Litem.

Factors the Court Considers:

In Texas, the court prioritizes the "best interest" of the child. Factors that might be considered include the emotional and physical needs of the child, the parental abilities of both individuals, the stability of the homes, acts or omissions of the parent that may indicate parental unfitness, and any excusable reasons for acts or omissions by a parent.

Standard Possession Order (SPO):

Texas has a Standard Possession Order that outlines a visitation schedule, which includes provisions for weekends, holidays, and other breaks. If the specifics of the SPO don't work for your situation, you can propose a different schedule, but you'd need to demonstrate why it would be in the child's best interest.

Document Everything:

Keep a record of interactions, missed visits, communications, and attempts to see your child. This can serve as evidence if the matter goes to court.

Be Compliant:

Always adhere to any court orders in place, even if you disagree with them or are trying to modify them. Non-compliance can negatively impact your case.

Stay Engaged: Actively participate in your child’s life when possible. This includes attending school functions, medical appointments, and other significant events. This demonstrates your commitment to your child's well-being.