What legal actions can be taken if the other parent is interfering with visitation rights in Texas?

When parents work together to develop a parenting schedule tailored to their children’s unique needs, it fosters the best outcomes for the children. Having a healthy relationship with both parents is crucial for a child’s social development, academic performance, and overall well-being. Even with a court-issued order, it’s possible for parents to collaborate on a schedule that suits their child best, provided they both agree.

However, disagreements between co-parents about what’s best for their children sometimes occur. In such instances, the specified access and visitation schedule in the court order, often a Standard Possession Order (SPO), must be adhered to by all parties. If your court order was issued in Texas and outlines your visitation rights, a judge has deemed it to be in the best interest of your child. Should any informal agreements between you and the other parent break down, the court order must be followed precisely.

If you’ve attempted to resolve parenting conflicts through mediation or other means without success and the other parent disregards the court’s directives, you have the option to file a lawsuit to enforce the court order and seek penalties for the other parent’s noncompliance.

One common issue faced by noncustodial parents is being denied their visitation rights by the custodial parent. Before you can file a successful enforcement lawsuit, there are specific steps you must take.

Understanding the laws that govern visitation enforcement is essential. You are expected to know the law, just as a lawyer would, if you are representing yourself.

Before seeking court enforcement of your visitation order, ensure that it is clear, specific, and unambiguous regarding the obligations of the person alleged to have violated the order. The order must explicitly state the time, place, and date for exchanging the children. Some orders might use vague language, such as “by agreement of the parties,” which are not enforceable by the court without precise terms.

Filing an enforcement lawsuit requires including specific details as mandated by Texas Family Code 157.002, which includes the part of the order violated, how it was violated, and the relief you are seeking. For visitation enforcement, it’s also necessary to document each instance of noncompliance, including the date, place, and time.

When presenting your case to the court, it’s important to clearly outline the parts of the order you wish to enforce, demonstrate how the other parent failed to comply, and specify the relief you are seeking. This may involve attaching evidence of visitation denials and documenting a pattern of such denials to establish a case for enforcement.

Failure to adhere to a court order can lead to serious consequences, including the potential for incarceration. It’s crucial to provide evidence that any violations were not merely accidental or due to misunderstandings.

To enforce visitation rights, you must prove your compliance with the order’s requirements and that the other parent failed to do so. This includes showing up at the designated location at the correct time as specified in the order.

If you’re considering filing a petition to enforce visitation rights, it’s essential to be aware of the available types of relief and to clearly articulate what you’re requesting from the court. This could include penalties for contempt, reimbursement for expenses, or additional parenting time.

For those facing challenges with visitation enforcement, the Law Office of Dana Baker in Texas can provide guidance and support. You can reach us at 979-310-5507 for assistance with your case.