Dads! Denial of Child Visitation Rights Should Never Be Tolerated!
The Court has determined that your child needs BOTH of their parents. Denying visitation to the other parent is child abuse. There are serious consequences and a parent who wrongfully denies visitation WILL SUFFER if they continue.
ABSENT PROVEN ABUSE, THERE IS NO EXCUSE FOR NOT PERMITTING VISITATION ACCORDING TO THE COURT ORDER. None of the following are valid reasons to deny visitation:
- The child is sick. If the child is in the hospital, you have a duty to notify the other parent so they can visit their child.
- The child has a bad wound or broken limb.
- You do not like the other parent’s spouse or girl/boyfriend. Even if that person caused the breakup of the relationship between the parents, the presence of this person does not justify denying visitation.
- You are going out of town. You MAY NOT take your child(ren) with you when your child(ren) is/are scheduled to visit with their other parent, unless you get written permission from the other parent.
- Relatives are coming into town. No concessions are to be made for trips/visits by relatives, unless approved by the other parent in writing beforehand.
- Step-relatives are no relation to the children at all, and are certainly not a reason to deny visitation.
- Grandparents – Grandparents generally have no legal rights. They do not have a right to have the children during the non-custodial parent’s periods of possession.
- Relatives coming for a visit or their birthdays/weddings/etc.
- School activities – Sleepovers and parties must be arranged with the non-custodial parent if it is to take place during his/her time. School sports or any other activities that conflict with the non-custodial parent’s scheduled time must be arranged with the non-custodial parent ahead of time.
- Work requirements – If you must be out of town for work, leave the kids with the non-custodial parent if possible. If not, instruct any substitute parent that the scheduled visitation must take place.
- Church activities.
MOST IMPORTANTLY: YOU ARE NOT PERMITTED TO DENY VISITATION BECAUSE THE OTHER PARENT IS NOT PAYING CHILD SUPPORT. THE VISITING PARENT MAY BE MAKING A RECORD OF EACH DENIAL OF HIS/HER VISITATION AND DENIALS FOR THAT REASON MAY COST THE DENYING PARENT TO LOSE CUSTODY OF THE CHILD(REN).
A person who chooses to violate the Judge’s order with respect to child support or visitation, should be aware of the consequences:
- You WILL BE held in contempt of court. (See Family Code Sect. 6.506).
- You WILL be find a minimum of $500.
- In addition, the Judge will order you to pay the other party’s attorney’s fees for bringing the contempt action against you.
- At a minimum, if the Judge finds a violation of visitation orders, he/she may order additional periods of possession or access in accordance with Section 157.168 of the Family Code.
- The Judge may also require a violator to post a bond or security to assure future compliance with the court’s order.
Be forewarned that if you are jailed, the Judge will probably give the children to the other parent. The judge can also order that your jail time be suspended and you be put on community supervision (probation). Your probation conditions may include the following:
- Placement on probation for a period not to exceed ten years, and may include standard probation requirements in addition and unrelated to simply following the visitation orders;
- You may be required to pay supervision fees equivalent to criminal supervision fees ($65 per month);
- You may be required to report to a probation officer on a monthly basis;
- You will require the approval of the probation department for any change of your residence and will have to inform the probation department of your employment, school and any other relevant facts;
- The probation department is permitted to make unannounced visits to your home;
- You may be required to take drug or alcohol screenings, and our failure to pass successfully may lead to losing possession of your children;
- Nonpayment of the fee itself, as well as violation of any other condition imposed, can become a basis for revoking probation and remanding you to serve time in jail.
Dads! Denial of Child Visitation Rights Should Never Be Tolerated! If you have questions about how to correct this problem. contact me. No charge for the initial consultation!