Texas family law recognizes both strict enforcement of visitation rights and critical exceptions for child safety. While courts generally mandate adherence to custody orders, they also prioritize children’s well-being.
In Texas, parents can potentially deny visitation, if they file a Temporary Restraining Order with the Court that is granted, alleging the followingc circumstances:
- The child’s physical or emotional safety is directly threatened
- There is clear evidence of potential harm
- Specific court-approved safety conditions exist
Violating a custody order without legal justification can result in significant legal consequences. Consulting with a Frisco family law attorney is crucial before taking any action that might interrupt court-ordered visitation.
When can a custodial parent deny visitation?
Texas child custody laws are written to protect a child’s best interest and preserve the relationship between parents. If you and your child’s other parent have had a contentious divorce or nasty split, it can be very hard to see them as good parents, capable of protecting your child and raising them the way you believe is right. However, you cannot legally deny their scheduled visitation unless there is a Court order telling you to do so.
An attorney can help you here. If you notice signs of neglect or abuse when your child returns home from visiting with their other parent, then you must take appropriate action to protect your child, including calling Child Protective Services. Your lawyer can help you collect sufficient evidence to support your petition to suspend visitation and represent your interests in court.
What are the consequences of unlawfully denying visitation in Texas?
Although there may be some times when you feel so frustrated with your child’s other parent, like constantly being late to exchange your child or not paying child support, you can’t simply withhold visitation until your ex gets their act together. Not only is it unfair to your child, who probably misses them, but it’s also probably illegal.
Not following a court-ordered visitation agreement can result in contempt of court charges, leading to jail time, fines, and a criminal record. A judge may also order you to accommodate the other parent to compensate for the missed visitation time. Repeatedly denying access to your child may result in losing custody.
How can a lawyer help me with denial of custody issues?
What if you’re the parent whose custody time is being denied? You have rights, and if you’re not placing your child in danger, abusing them, or neglecting them, then you have good standing to petition the court to take action.
You and your attorney can file a lawsuit to enforce visitation, listing the portions of the custody agreement you wish to enforce, how the other parent failed to comply with the custody order, and what you’re asking the court to do.
Legal help with denial of custody
Are you involved in a custody dispute with your child’s other parent? Have they withheld your custody, and you need to know your rights? Contact Albin Oldner Law, PLLC today at (214) 423-5100 for a confidential consultation.
