W. Tyler Moore, PC

What are the requirements of a parent during visitation?

Many disagreements when it comes to children of divorce have to do with what happens when the child is visiting the other parent. The Texas Constitution and Statutes have set rules regarding what the requirements and responsibilities are of each parent when they have their child staying with them.  While you may not always like the specific things your child's other parent does when your child is with him or her, as long as that parent is following the law, there is little you can do.

For example, the law says your child's other parent must provide protection and care for your child. It is his or her responsibility to ensure your child eats well and has proper clothing. If your child gets sick or is injured, that parent must seek proper medical attention. In addition, your child's other parent has the right to take your child to church or to teach your child religion. Finally, the other parent can discipline the child as he or she sees fit. You also have these rights and responsibilities when your child is with you.

So, for example, if your child's other parent has your child for the weekend and decides to go out on a date, as long as he or she has set up proper child care, then it is okay for him or her to go on the date. You may not like it, but it is not violating his or her duties to your child. You may not always agree with what happens while your child is with his or her other parent, but as long as nothing illegal is happening, there is not much you can do about it. This information is for education and is not legal advice.  

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