Legal Question in Family Law in Texas

visitation requirements

Is there anything that can be done legally to the non-custodial parent who chooses not to show up for the ordered visits ,can they just pick and choose but yet the custodial parent is held in contempts if he shows up and kids are not available or just dont want to go (teenagers specifally)


Asked on 2/01/08, 11:25 am

2 Answers from Attorneys

TC Langford Langford Law Office

Re: visitation requirements

Read your decree.

Most will say that the visitation schedule set forth applies absent a mutual agreement. Since you don't seem to have a mutual agreement, then the schedule rules. I tell clients to allow about a 30 minute leeway. If there is a no show, then you are not guilty of contempt. It might be a good idea to have another adult present as a witness.

If he shows up timely, and the children are not available, then it is contempt. Teenagers are a tricky breed of animal. If dad is not dangerous, then they need to go. Not wanting to go is not relevant. You are the parent, and you need to make sure you are respected and obeyed on this issue. The father and kids might both benefit tremendously in unforeseen ways if they spend some time together. (And you could get a break!)

If he routinely abuses the visitation, you can consider taking him to court to enforce the visitation, but it is not likely to be cost-effective. Mediating the issue could be helpful.

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Answered on 2/01/08, 12:14 pm
Fran Brochstein Attorney & Mediator

Re: visitation requirements

I charge $150 for an hour to go over your entire final decree and explain what you are ordered to do.

Fran Brochstein

www.familylaw4u.com

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Answered on 2/01/08, 1:54 pm


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