Non-Custodial Parent?

When parents choose not to live together often, the custodial parent may wonder, "When can you deny visitation to the non-custodial parent in Texas?"  Care for the children is a significant concern. Knowing when you can and cannot deny visitation to the non-custodial parent is important.  It is also essential to understand how custody may look in your situation and your case. Seeking advice about your specific circumstances is crucial, but learning what you can do before contacting an attorney will help you know what is ok in your situation. Seeking advice about your specific circumstances is crucial, but learning what you can do before contacting an attorney will help you know what to expect.

What is Custody And Visitation in Texas?

Custody refers to the control and responsibility of a minor child. When parents cannot agree on who a child will live with and who holds primary decision-making responsibility, a Court must intervene.

The Court may work with both parents to agree on primary physical custody and a visitation schedule with the non-custodial parent. If the parties and their attorneys cannot agree, a judge will decide by entering a court order.

Such Orders are binding and enforceable but may be modified. Enforcing a custody or visitation order is referred to as enforcement, and modifying it is referred to as modification.

What is Possession and Access?

Texas family law statutes use the term “Possession and Access” rather than “custody.” Many states and jurisdictions are using the term “Parenting Time.”

How does the Court determine Custody And Visitation?

Any attorney who assists you should listen to what you want to achieve, then determine a strategy for Child Custody and put together a plan to win your case. Most custody and visitation cases are won outside the courthouse, not during a court proceeding. Very few custody and visitation cases ever have a formal trial.

The Court may hear oral testimony and may consider other evidence.  Your attorney should devise a strategy to offer the Court information proving your primary role in your child’s life. You and your attorney will also seek to confirm that you are fit and stable to provide the child a safe and loving environment.

The laws in each state vary, so it’s essential to seek legal advice as soon as possible to protect your rights and relationship with your children.

When Can You Deny Visitation To The Non-Custodial Parent?

If you are a parent who worries about protecting your children from an unfit parent, your need to speak to quality counsel increases. Your attorney may advise you when you can deny visitation to the non-custodial parent and when allowing visitation may work in your favor.

Because Courts often encourage contact with both parents, a case must be made to show why the non-custodial parent is unfit. Gather and organize evidence that shows erratic, irresponsible, or dangerous behavior from the other parent. Bring this evidence with you to review with the attorney so the attorney will have an accurate picture of the circumstances and can advise you appropriately.

Conversely, if you feel your former partner unfairly denies you access to your children, you have a right to enforce your visitation. Gather evidence to prove you are a focal point in your child’s life and a stable guiding influence. Log examples of your attempts to see your children and the parental alienation exhibited by the other parent.

Your attorney can use this to make an emergency application or regular Court Petition allowing you to see your child.

American Family Law Center Can Help

The question of when you can deny visitation to the other parent arises out of trying situations. When faced with issues that decide the well-being of your children, you need kindness, understanding, and assistance.

America Family Law Center is a recognized expert that offers a wide range of services to families, including consultations with licensed attorneys who can provide experienced advice. If you have visitation issues, whether you are a non-custodial parent or a custodial parent, contact America Family Law Center today.

English | Español

---