While many divorced couples can put their differences aside and live relatively happy if separate lives, some cannot. Simmering resentment, hidden anger, attempts at getting revenge – all of these can come bubbling up to the surface. Often, they manifest in the form of denied visitation for noncustodial parents. Not only is this illegal, but it can harm your child.
The good news is that if you’ve been denied visitation by your ex or another custodian, you have rights under Texas law. However, you need to make sure you do things correctly, or you may face an uphill battle.
Furthur more in our Visitation Denial documentary:
One of the most critical things for noncustodial parents to do is to document missed visitations. That can be hard to do, of course. Below, we’ve outlined an action plan to help simplify things and show you what needs to be done.
Your Documentation Plan
- Don’t miss any visitation, even if you know that you’ll be denied. If it’s your day, be in the assigned place at the appointed time.
- Be on time, every time. In fact, try to be a few minutes early.
- If possible, go to the nearest police station to get an event report when you have attempted visitation and been denied.
- Document each missed or denied visitation with photos and/or videos on your phone. Smartphones automatically timestamp these, which helps corroborate your claims.
- Have a copy of your visitation order with you at each visitation just in case the police become involved.
- Keep a written record of each denied visitation with a notation of the reason. For instance, if your ex is denying visitation due to you being behind on child support, that should be noted.
With this information, you and your attorney will be able to build a compelling case and enforce your visitation rights. Remember that under Texas law, you cannot be denied visitation by anything other than a court order revoking those rights.