What Are Your Rights When You’re Wrongfully Denied Visitation? What Are the Penalties for Wrongfully Denying Visitation?
When your marriage has ended and you have minor children, your primary concern, particularly if you’re the non-custodial parent, will be getting regular and meaningful access to your children. Unfortunately, far too often, children are used as pawns by a parent wanting to punish their former spouse. What are your options when a custodial parent wrongfully denies you the visitation rights ordered by the court? Can you refuse to pay child support if you’re wrongfully denied access to your children?
How Should You Respond If the Custodial Parent Refuses to Allow Visitation?
In Texas, visitation is governed by what is commonly known as a Standard Possession Order. It’s a document issued by the court that sets forth the days of the week, as well as the times, for visitation. If you are scheduled to have visitation and your ex prevents that from happening, you need to do the following:
- Document your attempt to pick up your child—Take pictures of the agreed-upon pickup location. If at all possible, have a witness with you to confirm the date and time. You can also date- and time-stamp most photos on your cell phone.
- Create a log to document interference with visitation—After the first instance where visitation is denied, start a log or journal. Note the date, time you arrived, how long you stayed, whether you had any communication with your ex or your children, and any other relevant details.
- Contact an experienced family law attorney immediately—When your ex wrongfully denies you visitation, that’s a violation of a court order that can be considered contempt of court. A knowledgeable family lawyer will take prompt action to notify the court of your ex’s actions and, if your ex still doesn’t allow visitation, file a motion asking the court to compel compliance with the ordered visitation schedule. The court will typically schedule a hearing, allowing both sides to present evidence. The judge will ultimately decide the motion.
What Penalties Can the Court Impose for Wrongful Failure to Allow Visitation?
The courts in Texas have a number of options when a custodial parent denies visitation in violation of a court order:
- The custodial parent can be held in contempt of court, with the possibility of jail time, fines, or both.
- The court can require that the custodial parent pay the non-custodial parent’s legal fees.
- The judge can order the custodial parent to grant additional visitation to make up for any that was denied.
- The judge can, in extreme situations, change which parent has custody.
Can You Withhold Child Support If Your Ex Denies You Rightful Visitation?
Absolutely not. The order to pay child support is not contingent on access to your children. It’s a wholly separate order of the court. Likewise, the custodial parent cannot legally deny, limit, or restrict visitation if the non-custodial parent becomes delinquent in making child support payments.
Contact the Knowledgeable Divorce and Family Law Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have protected the rights of people across Texas for more than four decades, including men and women involved in disputes related to visitation. We have a comprehensive knowledge and understanding of divorce and family law in the Lone Star State, and we can help you protect your rights with respect to your children. Contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
