In Texas, you cannot legally withhold visitation from a non-custodial parent for not paying child support. On the flip side, the non-custodial parent (possessory conservator) shouldn't stop paying child support if the primary conservator withholds visitation.
The law seeks to protect children from abuse following divorce cases. You can deny visitation if you have sufficient reason to believe your child is in danger of facing any kind of abuse. For example, the risk of sexual abuse may come from your ex or their new partner.
You can be held in contempt of court, and jailed, if you do not allow the other parent access to the children during their visitation time. This can be very difficult when the child does not want to go to the other parent's home.
So, here's your answer! In Texas, children do NOT have a right to refuse visitation until the age of 18. So, if your 10-year-old doesn't want to visit dad or mom, that's a decision he or she doesn't have the right to make. There are many reasons a child won't want to visit mom or dad in a shared custody situation.
However, there are circumstances where a custodial parent may be able to deny or restrict visitation rights, such as when there are concerns about the child's safety or well-being. These concerns may include documented instances of child abuse, neglect, substance abuse, or domestic violence by the non-custodial parent.
Most courts will order parents into mediation first. Penalties might include requiring the offending parent give you make-up parenting time, to pay fees and fines, or in serious cases, to go to jail or be placed on probation. You also may have the option of suing the other parent, and asking the court for damages.
The Texas Family Code, under section 161.001(2), stipulates that a parent's rights may be involuntarily terminated if they have voluntarily left the child alone or in the possession of another without providing adequate support for a period of at least six months.
If your child is refusing visitation with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your attorney or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should attend visitations.
Grounds for Termination
a parent abandoning a child who is in the care of CPS, a parent endangering the child. a parent failing to comply with court orders that specifically established the actions necessary for the parent to obtain the return of their child who has been in the legal custody of CPS.
If the parents live within 100 miles of each other, the noncustodial parent has parenting time with the child every 1st, 3rd, and 5th weekend, one weeknight per week during the school year, about half of all holidays, and for an extended time during the summer.
Under a standard possession order in Texas, if the parents live less than 100 miles apart, then the parent with whom the child(ren) do not primarily live (the non-custodial parent) typically has possession of the children on the first, third, and fifth weekends of the month, beginning on Friday at either the time ...
If a parent is consistently late for visitation, the other parent may file a motion to enforce the visitation agreement. If the offending parent continues to violate the agreement, they may lose their visitation rights.
What Makes A Parent Unfit? Looking at those final factors is where a parent runs the risk of being deemed unfit. There are two major triggers that will almost automatically determine a parent unfit for custody: abuse and neglect. If there is any history of domestic violence, a parent will not get physical custody.
To enforce your visitation order and ask the court to hold the other parent in contempt, you must show that you were following the order exactly as it is written—and the other parent was not following it. Show up at the correct location on the correct date and time stated in your order.
If the court determines that immediate action is necessary to protect the child's welfare, law enforcement may be involved. The police can assist in enforcing the custody order, such as facilitating the transfer of the child from one parent to the other or ensuring compliance with visitation schedules.
Generally, Neither You Nor Your Ex Can Dictate Who Gets to Be Around Your Child. In most cases, neither parent has the right to determine who can be around their child. However, there are certain circumstances where the court must consider limiting contact with certain individuals.
Parental alienation is a strategy whereby one parent intentionally displays to the child unjustified negativity aimed at the other parent. The purpose of this strategy is to damage the child's relationship with the other parent and to turn the child's emotions against that other parent.
Your custody schedule should give your toddler frequent contact with both parents and provide both parents opportunities to feed, bathe, play with, read to, arrange playdates for, and put the toddler to sleep. Toddlers can be away from either parent for 2 or 3 days.
In Texas, it is possible for parents to lose custody of their children in specific circumstances. They may include child abuse, child neglect, and chronic substance abuse or mental health issues on the part of the parent.
While many Texas dads face big hurdles to win 50-50 or primary custody, they may fare better here than in other states. As Abby explains, “Texas is fairly open-minded when it comes to dads getting custody. The Expanded Standard Possession Schedule in the Texas Family Code is roughly a 45-55 split.
Examples of unfit parents include those who have drug or alcohol problems and foster an unsafe living environment as a result or a parent with a mental illness who is unstable.
In Texas, the one primary concern in determining custody is the “best interest” of the child or children. Who would be the best choice for custodial parent, and what arrangements and living situation would be best for the child?
So, what is considered kidnapping or parental abduction? In general, if a parent takes a child under that age of 18 away from another parent in violation of a judge's orders forbidding them to do so, that parent may be charged with parental kidnapping under Texas Penal Code §25.03, Interference with Child Custody.
In Texas, the standard possession order (which defines child custody and visitation unless a judge specifies otherwise) does not usually apply until age three. So custody arrangements for children under age three must be negotiated between the parents or imposed by the judge.