Divorce is never a simple process, particularly when there is a child or multiple children involved. Both parents want to spare their children the pain and upset involved in a divorce and a prolonged, bitter custody battle, but sometimes there is no other path.
Even once custody has been set, it can be challenging for the noncustodial parent to actually see their child on the specified visitation schedule set during the divorce proceedings. One parent may attempt to deny access to the child for any number of reasons – out of spite because they believe the other parent is a danger, or even out of a sense of revenge.
How do you ensure that you’re able to get the visitation that you’re legally allowed?
Unless your situation warrants modifications, chances are good that the court followed Texas standards during the divorce process. You should have unsupervised visitation with your child the first, third, and fifth weekends out of each month, alternating holidays, and also extended time with them during the summer months. These standards are spelled out in the Texas Family Code sections 153.311-153.317. However, there may be instances when one parent may attempt to deny you access to your child.
Perhaps the single most important step forward in a situation where one parent is denying access to a child to the noncustodial parent is to go through mediation. This process takes place outside of court, but results in a legally binding agreement stating visitation and custody rights for each parent.
Go to Court
If your ex is denying your legal visitation rights, you can take them to court. Even if you are behind on child support payments, the other parent has no legal right to prevent you from seeing your child. In Texas, neither a parent nor a court can prevent you from seeing your child strictly based on child support arrears.
If you are being denied your legally set visitation rights with your child(ren), get in touch with the The Blacknall Firm. We have worked with parents at all stages of the process and helped them successfully reunite with their child. Whether you’re behind on child support, your ex is being vindictive and withholding visitation, or you’re seeking a permanent alteration to your existing visitation schedule, we can help make a difference in your life. Call us today at 214-678-9111.