Texas Visitation for Babies and Small Children

The Texas Legislature has passed a detailed law ( S.B. 820 ) concerning visitation with babies, less than 3 years of age. The Judge “shall consider evidence of all relevant factors”. There is a list of 13 things to consider, including “any other evidence of the best interest of the child”.


The “best interest” often means drugs, alcohol, and mommy or daddy having sex with someone else.  This evidence helps the Judge understand that, in the best interest of a child, a miracle is needed.


The rest of the list includes things like, “the caregiving” bestowed on the baby before and during the lawsuit, the “developmental needs of the child”, and the ability to give “personal care” to the child. This kind of evidence actually pertains to the child and is a breath of fresh air.  


If it appears that the evidence turning to the care of the child, take heart.  Evidence on “the impact and influence of individuals” who will be present during visitation is to be heard.  This means more sniping at the loopy mother-in-law or the new girlfriend.  The assault will continue for the “emotional, economic, and social conditions of the parties”.  This means, in a recession, showing that the other party is out of work. Does being poor now mean bad parenting?  The term, social conditions, is full of possibilities for defamation. Does the Judge draw the line at a parent having
no country club membership, or
no cable television, or
no indoor plumbing?


The statute gives the Judge responsibilities to do the right thing by the child.  However, specific guidance from the legislature is blurry. If I were a Family Law Judge, I would do more drinking.


If the Governor signs the statute, the trouble will start for cases pending September 1st or filed thereafter.