As a divorce and child custody lawyer in Texas, I often receive questions about the obligations of custodial parents to provide non-custodial parents with access to their children. One common question is whether a custodial parent must provide a non-custodial parent with access to their child if the non-custodial parent has not been exercising their visitation rights for several months.
The answer is that a custodial parent must follow the terms of the custody order until it is modified by a judge. This means that if a custody order requires a custodial parent to provide a non-custodial parent with access to their child on certain days or weekends, the custodial parent must follow those terms, even if the non-custodial parent has not been exercising their visitation rights for an extended period of time.
However, if the custodial parent has concerns about abuse or neglect, they can file for a temporary restraining order, which would allow them to temporarily withhold access to the child until a judge can make a decision on the matter.
It’s important to remember that custody orders can be modified by a judge if there are significant changes in circumstances, such as if the non-custodial parent has consistently failed to exercise their visitation rights. If you are a custodial parent facing this situation, schedule a consultation to speak with the team at The Blacknall Firm.