Navigating child custody issues can be one of the most stressful experiences a father can go through. It’s not just about legal rights—it’s about the ability to maintain a relationship with your child. Unfortunately, there are situations where one parent restricts or prevents the father from seeing the child, leading to frustration and distress. This article explores what a father can do in Texas if faced with such a situation, including key aspects of the Texas Family Code and the legal options available to fathers.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Parental Rights in Texas
In Texas, both parents have the legal right to be involved in their child’s life unless a court determines otherwise. This includes the right to make important decisions about the child’s education, medical care, and overall welfare. If the mother is preventing the father from seeing the child, this could be a violation of the father’s legal rights.
Under Texas law, specifically the Texas Family Code Section 153.001, it is presumed that involvement from both parents is in the best interest of the child. The law aims to encourage frequent and continuing contact with both parents unless it is proven that such contact would not benefit the child.
What Are Your Legal Options?
If the mother is refusing to allow you to see your child despite a custody order being in place, this is a serious issue. Here are the steps you can take:
Review the Custody Agreement or Court Order
The first thing you need to do is review the existing custody agreement. If there is a legal agreement that stipulates visitation or custody rights, the mother is legally obligated to follow it. Failing to comply with a court-ordered custody arrangement is a violation of the law and can lead to legal consequences for the offending parent.
Keep Detailed Records
Document every instance when you were denied visitation. Write down dates, times, and any communication you’ve had with the mother regarding visitation. This will be critical if you need to take legal action to enforce the custody agreement.
Seek Legal Enforcement
If the mother continues to violate the custody agreement, you can file a motion to enforce the order in family court. Texas courts take violations of custody orders very seriously. According to Texas Family Code Section 157.001, courts have the authority to enforce custody orders and may impose penalties such as fines or jail time on parents who repeatedly violate them.
Consider Mediation
In some cases, it may be beneficial to seek mediation before taking legal action. Mediation allows both parties to work together with the help of a neutral third party to resolve their issues. This can sometimes prevent further escalation and ensure that both parents can work together in the best interests of the child.
Modify the Custody Agreement
If the current custody arrangement is not working and the mother is making it difficult for you to see your child, you may want to consider modifying the custody order. Under Texas Family Code Section 156.101, you can request a modification if there has been a substantial change in circumstances or if the current arrangement is no longer in the child’s best interest.
Texas Family Code and Child Custody Violations
When it comes to enforcing child custody agreements in Texas, the law provides clear guidance. As noted earlier, Texas Family Code Section 153.001 supports frequent and continuing contact with both parents. Furthermore, under Section 157.001, courts can impose legal penalties on a parent who refuses to comply with the custody order.
If you are facing ongoing challenges with visitation or custody enforcement, it is essential to work with an experienced family law attorney who understands the nuances of Texas law. An attorney can help you navigate the legal process and ensure that your rights as a father are protected.
What If There Is No Custody Order?
If there is no formal custody agreement or court order in place, the situation can become more complicated. In Texas, unmarried fathers do not automatically have custody rights unless they have established paternity. If paternity has not been established, the mother may have sole custody, and the father may not have legal standing to enforce visitation rights.
To address this, the father must first establish paternity, either through an Acknowledgment of Paternity (AOP) or a court order. Once paternity is established, the father can then petition for custody or visitation rights through the court.
Scenarios and Examples
Let’s look at a few examples of what fathers can do in specific situations:
Scenario 1
The mother refuses visitation despite a court order. John has a court-ordered visitation schedule that allows him to see his daughter every other weekend. However, his ex-wife has repeatedly canceled visits at the last minute, citing various excuses. John can file a motion to enforce the visitation order with the help of an attorney, ensuring that his rights are upheld in court.
Scenario 2
The father has not established paternity. Mark had a child with his girlfriend, but they never married, and he did not establish paternity. After the relationship ended, his ex-girlfriend refused to let him see the child. Mark will first need to establish paternity through the court, and then he can petition for visitation or custody rights.
Scenario 3
The mother threatens to move out of state with the child. In cases where the mother is threatening to relocate with the child without the father’s consent, the father can seek legal recourse. Under Texas law, any significant move that affects the father’s visitation rights must be approved by the court. The father can file for an injunction to prevent the move until a court hearing.
Turner Monahan PLLC – Here to Support You
At Turner Monahan, PLLC, we understand how stressful it is when you’re being denied access to your child. We have been representing families in Texas since 1973, and our family law practice is dedicated to protecting your rights and the well-being of your child.
Whether you’re dealing with a contested divorce, need a paternity lawyer, or require assistance enforcing a custody order, our experienced attorneys are here to help. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
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 to obtain 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.he attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
