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San Antonio Visitation Enforcement Lawyer

San Antonio family law attorney for visitation enforcement

When You Need To Enforce Your Visitation Rights

Issues related to child custody and visitation are some of the most important concerns that will need to be addressed during a divorce, and unwed parents may also need to determine how they will share custody of their children. When these matters are handled in family court, parents and others involved in a case are likely to spend a considerable amount of time deciding how they will share legal and physical custody of their child, drafting visitation agreements, and putting plans in place for how they will handle child-related issues going forward. However, even the best laid plans will not provide a family with the necessary benefits if they are not followed correctly.

In situations where a parent refuses to abide by a visitation agreement or commits other violations of court orders, the other parent will need to determine how they can protect their parental rights, spend time with their children as required, and ensure that their children's best interests will be protected. If your child's other parent has refused to allow you to have time with your children, Brandon Wong & Associates can help you enforce your child visitation rights. Our attorneys have a strong understanding of the laws that affect child custody, and we have extensive experience representing clients in family law cases. We can help you resolve issues related to visitation through mediation or litigation.

Any Deviation Can Be Considered a Violation of Visitation Rights

A parenting agreement created during a divorce or child custody case will detail the visitation schedule that should be followed and set expectations for a co-parenting relationship. There are times when parents may find that they will be unable to follow the visitation schedule, and they can usually handle these situations on a temporary basis. For example, if a parent experiences car trouble that makes it impossible for them to pick up their kids and have visitation time, they may contact the other parent and make alternate transportation arrangements. If a parent will be unavailable for other reasons, they may notify the other parent that they will not be able to have their scheduled visitation time, and the parents may determine whether temporary adjustments to the schedule may be made. However, one parent cannot unilaterally decide to make changes to the visitation schedule or refuse to allow the other parent to spend time with their children. When they do, the other parent can take steps to enforce the terms of the agreement.

Many minor disputes or deviations from a parenting plan may be resolved through mediation or even open communication between parents. When this is not possible, or when a parent repeatedly ignores the rules or refuses to follow the visitation schedule, these matters may need to be resolved in court.

There are multiple deviations from a visitation schedule or parenting agreement that may be considered a violation, including:

  • Failure to exchange the children at the designated time or place
  • Keeping a child beyond the allotted time period
  • Showing up randomly during the other parent's time with the child
  • Calling frequently during the other parent's time with the child
  • Withholding important information about school or extracurricular activities from the other parent
  • Allowing an unauthorized third party to make exchanges at the beginning or end of a parent's visitation time
  • Taking the child without notifying the other parent
  • Disparaging the other parent to the child in an attempt to harm their parent/child relationship
  • Participating in activities or behaving in a way that puts the child's safety or well-being at risk

Child Custody Enforcement FAQs

Q

What Can I Do if the Other Parent Is Withholding Visitation in San Antonio, Texas?

Answer: If your co-parent withholds court-ordered visitation in San Antonio, you should begin by documenting each time it happens. Note the specific dates and times, and hold on to texts or voicemails that show your co-parent acting against the custody order. With the help of a skilled family law attorney, you can bring the evidence to court and pursue enforcement actions.

Q

What Happens if a Parent Refuses to Follow a Court-Ordered Visitation Schedule in Texas?

Answer: When a parent goes against a court-ordered visitation schedule, a family court can take different actions to enforce the order, including ordering make-up parenting time or holding the offending parent in contempt, which can involve fines or jail time.

Q

How Do I Enforce a Custody or Visitation Order in Bexar County?

Answer: To enforce a visitation order in Bexar County, you can file a Motion to Enforce with the court that issued the original custody order. This form should detail the exact violation(s) and the remedy that you are seeking, such as holding the other parent in contempt or requesting make-up visitation. A hearing will then be scheduled to determine if a violation occurred and what should be done about it.

Q

Can a Mother Legally Withhold Visitation in Texas?

Answer: A mother generally cannot withhold the other parent’s right to visitation in Texas unless there are valid, documented concerns that a child may be at risk of harm. Any modifications to a parenting time schedule must be handled through the courts. Unpaid child support does not give a parent the legal right to deny visitation.

Q

Can the Other Parent Change the Visitation Schedule Without My Agreement in Texas?

Answer: After a full hearing, a family law judge could modify a visitation schedule without your agreement if the modification is deemed to be in the child’s best interests. However, a parent cannot arbitrarily decide to change the visitation schedule without getting court approval first.

Q

What Evidence Do I Need to Prove Visitation Interference in San Antonio?

Answer: Proof of visitation interference in a San Antonio custody case can include communications between the parents, logged dates and times of each violation, and witness statements. Presenting evidence that shows a continuous pattern of non-compliance can strengthen your case.

Q

What Should I Document When Visitation Is Denied or Interrupted?

Answer: You should document the precise time and date the violation occurred. Additionally, be sure to save any communications that show you trying to resolve the issue with your co-parent outside of court, such as text messages.

Q

Is Refusing to Exchange the Child at the Agreed Time or Place a Violation in Texas?

Answer: Yes, refusing to exchange the child according to the parenting time schedule could be considered a violation. While a judge may be willing to overlook a good-faith mistake, repeatedly and willfully refusing to honor a court order could serve as the basis for contempt of court or a modification of custody.

Q

What if the Other Parent Keeps the Child Past the Scheduled Return Time?

Answer: Keeping a child past a scheduled return time for visitation may be treated as a violation of the court’s orders. In these situations, it may be best to communicate with the other parent first before pursuing enforcement actions. If it was a genuine mistake or an emergency, a judge’s involvement might not be necessary. Repeated or willful violations may require enforcement through the courts.

Q

What if the Other Parent Shows up Randomly or Interferes During My Visitation Time?

Answer: Under Texas law, repeatedly interfering with a parent’s visitation can be charged as a criminal offense. Trying to sabotage a parent’s court-ordered time with their child could also lead to the offender being held in contempt of court, and it may serve as a reason for a modification to a child custody order.

Contact Our Bexar County Child Custody Enforcement Lawyers

Some matters related to visitation can be handled amicably. However, if you have been unable to work things out with the other parent, or if the two of you have a history of conflict, you may need legal help as you address this issue. To learn how our attorneys can help you protect your parental rights and provide for your children's best interests, contact us at 210-201-3832 to set up an initial consultation.

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