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Denied visitation rights in Texas? Here are your options

On Behalf of | May 12, 2022 | Family Law |

It’s very rare for a Texas court to deny a parent visitation with their child, but it happens sometimes. If you are in a position where the other parent or the court stops you from spending time with your child, here are some of your options.

Reasons why visitation can be denied in Texas

When coming up with a child custody order, the court’s primary concern is always the best interest of your kid. So, if a Texas judge feels like your presence around your child can cause a physical or emotional safety threat, they can block visitation. Usually, this occurs under the following circumstances:

  • If you have a history of drug or alcohol abuse
  • If you’ve abused the child or the other parent before
  • If you committed a felony crime

Your options

If the other parent is denying you visitation, the first thing you should do is gather detailed records of when that happened. You need specific dates, recorded calls, or messages of them denying you your rights, and if you can, try to get witnesses that can testify on your behalf.

Next, approach them and talk about what’s been occurring. Sometimes, it could be just a misunderstanding that you can work out on your own. And if your discussion is successful, ensure to get it in writing. If not, try out-of-court methods like arbitration or mediation.

If all fails, the court could be your last option. Before you file a petition, try to understand how child custody and visitation laws work in Texas. Gather sufficient evidence to build a strong case, and if plausible, also get an attorney and fight for your rights as a parent.

Texas law understands how important it is for both parents to be present in their child’s life. As such, the court will offer alternatives if truly your presence is a safety concern for your child. For example, a judge might order supervised or virtual visitations.