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Is Child Visitation Mandatory in Texas?

Posted by Robert Luttrell | Jan 14, 2019 | 9 Comments

I am often asked can I enforce the court order to make the other parent exercise his/her visitation?  The answer is no.  You can not make a parent exercise their visitation.  You can make the other parent give you notice that they will exercise their visitation but you can not make them see their children.  The reverse is not true.  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.  I had a client that had a 12 year old child that was bigger than her and he did not want to go to his dad's.  The dad showed up for the visit and the child would not leave with dad.  My client called the police to try and make the child go with dad and he still would not go.  The police did nothing but advised the child that he needed to go.  Dad filed a motion to enforce on mom, as it started to happen more and more often.  When we went to court the judge told the child that if he did not go with dad, the judge would hold mom in contempt of court and mom would be jailed.  The judge further told the child that he would then be forced to live with dad while mom was in jail.  This had the desired affect and the child started going with dad. I am not sure what the judge did in this situation is the right answer or not. 

I have had other judges tell the parent, trying to pick up the child,  they need to solve the issues with the child and then the child would want to participate in the visits.  One judge even ordered counseling for the parent and child.  I have had other judges tell a parent they had the right to pick the child up and make them go with them, obviously, this was for a younger child and not a teenager.  There are tough choices that have to be made when dealing with a child who do not want to go or a parent who does not exercise their visits regularly.    

If a parent does not exercise their visits regularly a court can change the visitation order.  It can be harmful for children to have a parent come in and out of their life.  It is never good to have a child anticipate a visit and then for it to never happen.  If a parent has not seen the child in long periods of time or the visits become infrequent the court could change the visitation order.  It is always better to have both parents involved in their children's' lives.  Both parents should encourage their children to love and respect the other parent.  Further, parents should be an active part of the lives of their children.  Most court orders do not say you can only see your child on your weekends.  Parents should go to ball games, parties, and other extra curricular actives  for their child even when it does not occur during their visits.  Parents should let each other know when important events are taking place in a child's life and encourage the other parent to be a part of the event.

If you have a parent that is not exercising visits or is only doing so infrequently contact an attorney.  If a parent is refusing to let you see your children contact a lawyer immediately.     The Law Office of Robert E. Luttrrell III is willing to fight for parents that are having visitation issues.  Robert E. Luttrell III is an aggressive family law attorney practicing in Cleburne, TX.  He is willing to fight for you in Johnson, Tarrant, Denton, Elles, HIll, Dallas, Parker and other surrounding counties.   Call today for your free consultation 817-645-6600.         

About the Author

Robert Luttrell

Learn more about Attorney at Law, Robert E. Luttrell III Attorney Robert E. Luttrell III is a dedicated attorney who has years of experience in various types of law including family, divorce, child custody, criminal defense, b...

Comments

David Zarate Reply

Posted Aug 29, 2020 at 12:39:30

My brother-in-law’s ex-wife has refused his visitation for the last two years or so. Whenever he went to go and get them she would hide the kids, and when the cops knocked on the door she wouldn’t answer. None of his family has been able to see our niece is a nephews in years, is there anything that we can do?

Camila Reply

Posted Sep 03, 2020 at 07:34:27

I am the custodial parent and I want to know if there is anything I can do to make the non custodial parent to comply with his visitation schedule. He has missed too many weekends and will only comply when he wants.

Robert Luttrell Reply

Posted Sep 09, 2020 at 08:15:05

There is not a lot you can do. If he goes long periods of time without seeing his child you can ask the court to change the visits. This is a tough thing to get done.

Robert Luttrell Reply

Posted Sep 09, 2020 at 08:16:42

He needs to file a motion to hold her in contempt of court. Judges don’t like when parents will not allow the other parent to see the child. The court can order make up visits and put a parent in jail that will not allow the non-custodial parent to see the child.

T.M. Reply

Posted Dec 15, 2020 at 14:34:58

My child is 3 years old and screams uncontrollably when he has to go with his father. There is a custody order in place. His father’s girlfriend calls me saying inappropriate things concerning our custody union. My child’s father has been in jail 2 years out of my child’s 3 1/2 years of life and he recently came to my home with his girlfriend and another stranger banging on my door and vandalized my vehicle. I made a police report which is currently in the investigation stage. My child’s father’s girlfriend was yelling obscenities outside my window and threatening to fight me. For the time that the non custodial father has not been in jail, we tried supervised visits on an anytime basis and after that we tried following the order. At that time the situation was; constantly moving and not wanting to advise me of this nor give me an address. (I am aware only when I show up to last known address to find that he no longer lives there). Showing up for a visit to smell drugs and Lysol with 15 people leaving as we are arriving. Being shown a nasty bed on floor that my child will sleep in (while someone is laying in it). Filthy environment with dirty clothing everywhere. Will not allow me to speak to child during 3 day overnight visits. Inappropriate, old, outdated car seat for my child to sit in. Can a judge grant me a supervised visit order? Will my restraining order override my SAPCR?

Shonda hall Reply

Posted Dec 18, 2020 at 10:59:07

My 15 year old daughter wanted to come home before Christmas from her dad’s, he refused to bring her, so she refused to go during Christmas break. What can we do?

April flores Reply

Posted Jan 14, 2021 at 00:52:03

If the father of my kids is not consisted with payments and visitations what can I do as the Custodial parent ? Is there anything I can do ?

Robert Luttrell Reply

Posted Jan 14, 2021 at 07:53:43

A judge can change your visitation order. There are a lot of factors that go into changing an order. Please call my office to set up a time to mee. 817-645-6600

Robert Luttrell Reply

Posted Jan 14, 2021 at 07:57:08

To the child support you can file a motion to enforce. He must be more than 30 days past due for a court to hold him in contempt and jail him. Inconsistent visitation is a case by case matter. There are lots of factors that go into whether a judge will modify a visitation schedule based on inconsistent visits. Please call my office to set up a time to discuss this mater. 817-645-6600

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