What if One Parent Will Not Let the Other See the Child in Texas?

 Posted on November 20, 2023 in Family Law

Having a parenting plan overturned, or visitation rights denied can be incredibly frustrating and upsetting for parents. Unfortunately, it is not uncommon for one parent to attempt to prevent the other from seeing their child after separation or divorce. If you are facing this difficult situation, there are some steps you can take. A Texas lawyer can help ensure this situation does not worsen for you.

Review Your Current Court Orders

Your first move should be to thoroughly examine any decrees, custody orders, visitation schedules, or parenting plans that are in place. These court mandates outline each parent's rights and responsibilities. Make sure you understand what the orders state about visitation and custody.

Document Every Attempt to See Your Child

When the other parent blocks scheduled visitation, carefully document each attempt you make to see or get in contact with your child. Save any relevant texts, emails, voicemails, etc. Note dates, times, who you spoke to, and what was said. Concrete records will help prove the denial of court-ordered access.

Send a Demand Letter

Have your family law attorney send the noncompliant parent a formal letter demanding adherence to the current visitation orders. Provide a reasonable deadline for compliance before further legal action is taken. This establishes written notice of the issue.

File for Contempt of Court

If the parenting orders are still not followed after written notice, your attorney can file a contempt of court motion against the parent. This asserts that the parent is willfully violating lawful court orders. The court can impose fines or jail time to compel compliance.

Request Makeup Visitation

Petition the court to order makeup visitation to compensate for the missed time with your child. Judges do not look favorably on parents who flout custody directives. Emphasize how the child is being harmed so you can have as much detail as possible.

Modify Custody Arrangements

If the parenting plan has broken down, your lawyer can file to modify it. Given the other parent's noncompliance, request that you get expanded custody rights. Cite the dozens of missed visits as grounds for a change.

Contact a Frisco, TX Family Law Attorney

Being denied time with your child can be infuriating. However, documented efforts and legal assistance ramps up the pressure for compliance. A qualified Collin County, TX child custody lawyer has experience enforcing visitation rights and will fight to restore your access. Call The Law Office of Linda Risinger at 972-294-6533 for a free consultation.