Dealing with custody and visitation issues after a divorce can be stressful and confusing. Many parents struggle to understand their rights and responsibilities, especially when it comes to maintaining access to their children.
In the video, Atty. Tina Campbell and Atty. Heather Ogier of Turner-Monahan PLLC clarifies common concerns about custodial and non-custodial parenting and explores what happens when visitation rights are denied. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Custodial and Non-Custodial Parenting
When we talk about custodial and non-custodial parents, there often needs to be more clarity around what these terms really mean. Being the custodial parent simply means that the child primarily lives with you. It doesn’t mean that the non-custodial parent isn’t involved in the child’s life.
Some people may feel uneasy when they hear the term ‘non-custodial’ and consider switching roles. But the bigger question is: What happens when the non-custodial parent is denied access to the child?
Real-Life Example of Enforcement
There was a case where a parent believed they were protecting their child by denying access to the other parent. The child felt so afraid of the other parent that they would avoid visitation at all costs. This was a situation involving alleged abuse, and the parent thought withholding visitation was the right thing to do.
However, the court held them in contempt because they violated a court order, and the result was jail time. Even with good intentions, violating a court order comes with serious consequences.
What to Do If You’re Concerned for Your Child’s Safety
If you truly believe your child is in danger with the other parent, it is critical to contact an attorney right away. You may need to modify the visitation schedule or temporarily suspend the other parent’s access.
However, doing this on your own without court approval can result in violating a court order. The courts generally require multiple instances of denied access before taking legal action, so there is some time to address the issue legally. Acting quickly and consulting with legal professionals can help protect your child without facing legal repercussions.
Filing for a Modification
When there are recurring issues with visitation, it’s essential to take the proper legal steps, like filing for a modification or lawsuit. The courts want to see that you are trying to resolve the situation through legal channels rather than violating the court order.
Suppose you’re a non-custodial parent, and your visitation is regularly denied without valid concerns for the child’s safety. In that case, you can file an enforcement action to make the court aware of the violations. The court can then order makeup visitation time, require the other parent to pay your attorney fees, or enforce penalties if the denial persists.
Will the Courts Force You to See Your Child?
If you are a parent with visitation rights but decide not to exercise them, the courts will not force you to see your child. There may be various reasons why a parent might not want to visit their child, and forcing that situation can harm the child.
However, if the custodial parent is caring for the child more than what is outlined in the court order, they can file for above-guideline child support. In some cases, the custodial parent may even be caring for the child 100% of the time, which can lead to adjustments in financial support from the non-custodial parent.
Key Takeaway: Be Proactive
If you’re concerned about visitation or believe your child is in danger, it’s crucial to act proactively. Courts expect you to take steps to address the situation legally rather than violating the court order. Filing for a modification, obtaining legal assistance, or seeking a restraining order will help protect your child and avoid legal issues. Being proactive and consulting with an attorney early on can prevent serious consequences.
Can Child Preferences Influence Visitation Agreements?
In some cases, children may express a preference to live with one parent or avoid visits with the other. While a child’s wishes may be considered by the court, they are not the sole factor. Courts look at the best interest of the child, which includes their safety, stability, and emotional well-being.
However, the child’s preference, especially if they are older, can hold weight, and parents should be prepared to navigate these conversations legally. It’s important to have documentation and legal support to address these situations properly.
What Does the Texas Family Code Say?
The Texas Family Code outlines specific statutes that govern child custody, visitation, and parental rights. Here are a few key sections relevant to this topic:
Section 153.002 – Best Interest of the Child
This section emphasizes that the primary consideration in determining conservatorship, possession, and access to the child is what is in the best interest of the child. Courts will always prioritize the child’s safety, stability, and emotional health when making custody decisions.
Section 153.073 – Rights of Noncustodial Parent
According to this statute, a non-custodial parent has the right to access certain information about the child, including medical, dental, and educational records, regardless of whether they have visitation rights. This ensures that non-custodial parents remain informed and involved in their child’s life, even when they don’t have physical custody.
Section 157.001 – Enforcement of Visitation Orders
This section provides guidelines for enforcing visitation orders. If one parent denies access to the other parent in violation of a court order, the court can take enforcement action, including holding the violator in contempt. Penalties can include fines, attorney fees, or even jail time, depending on the severity of the violation.
Chapter 156 – Modification
This chapter covers the process of modifying existing court orders. It explains that modifications can be made if there is a material and substantial change in circumstances, such as the child’s needs or a parent’s relocation. A modification ensures that the custody arrangement continues to serve the child’s best interest as circumstances evolve.
These statutes provide clear guidance on how courts address issues like enforcing visitation rights and modifying custody agreements. The child’s best interests are always the main consideration when decisions are made.
Working with an attorney familiar with these laws is invaluable for parents dealing with custody disputes, ensuring they fully understand their rights and responsibilities throughout the process.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Navigating custody and visitation issues can be challenging, especially when one parent denies access to the other. If you are dealing with custody concerns or believe your child’s safety is at risk, it’s important to consult with a family law attorney. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “What Is The Law About Holiday Possessions Schedules?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Can I Do To Protect My Credit And Finances? My Ex Won’t Pay The Joint Card Payments.
- If A Parent Passes Away, By Law, Does The Other Parent Get Custody Of The Child?
- How to Prepare for Your Divorce: Tips from An Attorney.
- What to Do if Your Spouse Didn’t Serve You the Divorce Papers?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
