When parents are involved in divorce or child custody proceedings, one of the parents may be given more rights over their children than the other. The parent in Texas who is given more rights is usually referred to as the custodial parent, and the other parent is called the noncustodial parent.
When this occurs, the noncustodial parent is often awarded basic visitation rights that allow them to spend time with their children. Courts in Texas, and in other states, usually prefer that both of a child’s parents have some rights over them.
However, the court must also consider whether it is in the child’s best interests for the noncustodial parent to be awarded visitation rights. In cases where a noncustodial parent has been abusive or violent towards a child, they may not be awarded visitation rights.
There are also other situations in which a court may limit or deny a noncustodial parent’s visitation rights, including when there is evidence that the noncustodial parent molested a child, is likely to or has kidnapped the child in the past, or abuses drugs or alcohol, especially in the child’s presence.
It is important for custodial parents to be aware that they are not permitted to deny the noncustodial parent’s visitation rights without court approval. If an emergency situation arises, the custodial parent can contact local law enforcement.
What Are Some Common Reasons for Denying Child Visitation to a Parent in Texas?
There are many different common reasons for denying child visitation to a parent in Texas, including:
- When a parent abuses alcohol or drugs
- When a parent is accused of domestic violence, sexual assault of a minor, or child abuse
- If the noncustodial parent is behind on child support payments, if approved by the court
- If a parent has a new partner the other parent does not approve of
- When the child expresses that they do not want to visit that parent
As noted above, if a parent does not follow their child visitation court order, they can face legal consequences. If changes need to be made to a Texas visitation order, parents must petition the court.
Texas lawyers can help both custodial and noncustodial parents in Texas with modifications or other issues involving their visitation order.
Can I Ask the Court to Deny Child Visitation in Texas?
Yes, a Texas parent can request that a court deny the other parent visitation rights in certain situations. It is important to keep in mind that courts do not always grant these requests.
When making these determinations, courts examine what custody and visitation arrangements are in the child’s best interests. Examples of reasons why a court may deny or suspend visitation rights include:
- Violence or sexual abuse of the child
- Kidnapping the child
- Emotional abuse of the child
- Abusing substances around the child
- Conduct that is harmful to the child’s development and well-being
- Being incarcerated
To find out more information on denying child visitation or how to make a request in court, it is important to schedule a legal consultation in Texas.
In Texas, Can You Lose Custody if You Deny the Other Parent Visitation?
Yes, it may be possible for a Texas parent to lose custody of their child if they have denied the other parent their visitation. As previously noted, if a parent wants to change or refuse visitation, they must get approval from the court.
If a custodial parent does not use the proper court process or if they take the child to a secret location to keep the other parent away, they can lose custody. In addition, they may also be denied other parental rights over the child.
Can a Court in Texas Punish the Custodial Parent for Denying Visitation?
Yes, a court in Texas may be able to punish a custodial parent who denies visitation. Typically, the punishment will involve a denial of visitation rights.
A custodial parent can also face other consequences for denying the noncustodial parent’s visitation, including:
- Modifying the existing custody order to give rights to the other parent
- Suspending or denying future support payments
- Holding the custodial parent in contempt
Is it Ever Legal To Deny a Parent Child Visitation in Texas?
Typically, no, it is not ever legal to deny a parent child visitation in Texas. Even if the noncustodial parent is behind on support payments, visitation must be allowed until the custodial parent asks for help from the court.
When the noncustodial parent is behaving violently towards the child or abusing substances in their presence, it is important for the custodial parent to inform local authorities. In any situation, a parent should follow the proper legal channels to handle an issue and not try to do so on their own.
In Texas, How Is Child Visitation Restricted? Can Child Visitation Rights Be Suspended?
In Texas, restricted child visitation means that parents will have to visit with their child in the presence of a neutral third party, typically a social worker. The court will outline the conditions of restricted visitations and who can serve as the third party during the visitation.
Parents with restricted visitations may be able to get unrestricted visitation once they have completed a rehabilitation program or an abuse prevention program. A Texas lawyer can help a parent request restricted visitation if they believe it would be in the child’s best interests.
In Texas, visitation rights can also be suspended in many different situations, including:
- A parent repeatedly ignoring or violating the terms of the visitation order
- Evidence that the parent has threatened to harm or kidnap the child, or has done either of those things
- If the child finds visiting with the parent upsetting
- Other reasons that may affect the child’s health, safety, or overall well-being
A Texas lawyer can help request visitation suspension or help a noncustodial parent show that they should receive unrestricted visitation.
How Do I Enforce My Visitation Rights?
A Texas parent can take steps to enforce their visitation rights if they are being denied.
Document violations
If a parent’s visitation rights have been violated, they should document each instance. This can include information such as the time, date, and location of when a visitation was supposed to occur.
Contact the proper authorities
When a visitation order is in place, a parent may be able to consult with local authorities for help and file a police report. There are also often locations and processes where custody exchanges can be done under police supervision.
Contact the local district attorney’s office
Many DA’s offices will have departments such as child support enforcement and child abduction departments. These departments can help with support and court order enforcement.
File a motion
If the custodial parent frequently denies the noncustodial parent their visitation rights, the noncustodial parent may file a motion with the court to request a modification. In this motion, the parent can ask the court to enforce, modify, issue sanctions, or take other steps to prevent future violations.
File a petition for contempt of court
Contempt of court means that an individual is in violation of a court order, such as a custody order. When a Texas parent is in contempt, they may face fines and even jail time.
Should I Hire a Lawyer in Texas if I Have an Issue With Child Visitation?
If you have any issues, questions, or concerns related to your Texas child visitation order, it is essential to consult with a Texas child visitation lawyer, whether you are the custodial or noncustodial parent. Your attorney will be able to explain your rights and the steps you should take to resolve your current visitation issue.
You can use LegalMatch’s free attorney matching service to locate a Texas child visitation attorney near you who can help. It will only take you around 15 minutes to get matches from licensed and pre-screened child custody lawyers who are ready to get started resolving your issue.
