Documenting a Denial of Visitation Rights in Texas

If you’ve gone through a child custody or divorce case in Texas, one of the most rewarding aspects is likely finalizing the times, dates, and locations for spending time with your children. During the process, so much feels uncertain, and many clients have shared that the most difficult part is not knowing what the future holds for them and their children. This uncertainty becomes even more challenging when facing the denial of visitation rights. As a parent who has devoted your life to raising your child, the thought that conflicts with the other parent could jeopardize your relationship with them can be overwhelming.

Visitation, possession, and access are among the most highly contentious and litigated issues in child custody or divorce. The reasons for this are many. But perhaps the most important is that people, such as yourself, love their children and want to fight for them.

In reality, most folks walk out of a family law case with close to a “50/50” split with the other parent in terms of time. Still, if you can negotiate an extra weekend or holiday, then, by all means, you or any other parent would likely do whatever it takes to secure that spare time.

When the Case Is Done, but the Headaches Are Not

Suppose, then, that you have concluded your divorce case and the first weekend that you would be able to exercise visitation with your child is upcoming. You arrive at your ex-spouse’s home at 6:00 p.m. to pick up your daughter. However, the knocks at the door have no response.

Texts to your ex-spouse’s phone go unanswered, and you are left feeling disappointed, frustrated, and angry due. You feel like this is a denial of visitation rights. You begin to wonder if this will become a habit or a regular occurrence. Do you have options to make sure this doesn’t happen again?

An Enforcement Case in Texas Family Law Court

There is a legal remedy to the problem you encountered in the above scenario. An enforcement case allows you to file a lawsuit against your ex-spouse for violating the terms of your Divorce Decree as it pertains to visitation. Let’s examine what denial of visitation rights means.

It is not as simple as filing a lawsuit once you don’t get to see your child at the pre-designated time. There are rules in place that you must follow to help ensure your success in court.

For instance, if your ex-spouse texts you fifteen minutes before the scheduled start of your visitation period to say that he will not be coming to drop your child off, that alone does not count as a denial of visitation.

You must be physically present at the drop-off/pick-up location stated in your court order. Even if you know that your ex-spouse and child will not be there waiting on you, this is the case. It may sound silly. However, this is what you will need to do to have this count as a legitimate denial of visitation rights.

The reason for this is pretty simple- if you are not present at that spot at the correct time, nobody will be able to testify to the judge that your visitation was denied. You won’t be able to because you were not physically there. Your spouse will not have to testify against his interests either, so you will have no evidence to present to the judge.

The judge will need evidence regarding a violation of a court order, and the text you received will not suffice. How can you be sure that you have your “ducks in a row” as far as setting yourself up for success in an enforcement case?

A “Proper” Denial of Visitation

Correct Place / Correct Time

First and foremost, you will need to make sure that you are picking your child up at:

1. the right time, date and
2. location.

For this reason, you will need to have a copy of the order signed by the judge handy in your home. It’s not good enough to have a draft version that your attorney sent you early on in the drafting process.

Items could have been changed or added. The judge’s signature indicates that they signed the final version.

Confirm the Date, Time, & Location

Secondly, once you have confirmed the date, time, and location for your child’s pick-up, arrive at the site in advance and wait if necessary.

Knock on the door a few times and make sure that anyone in the home knows that you are present and ready to pick up your child. Don’t just sit in your car in front of the house.

Get Evidence that You Were There

If you have seen no activity within the house, go to a fast-food restaurant nearby and buy something. No, I’m not offering dietary advice, but I am encouraging you to gather evidence that proves you were in the area at the time specified in your Divorce Decree, ready to pick up your child.

The receipt for your purchase of the snack food will show the date, time, and location of the purchase. If that doesn’t appeal to you, bring a witness with you to pick up your child- as long as your Divorce Decree does not bar this.

Start and Keep a Visitation Journal

Finally, document the denial of visitation rights in a journal or log after doing the above steps.

Be specific about the date, time, and location of the failed to drop off/pick up. While this may seem tedious at the time, it will be crucially crucial down the line when you attempt to file a lawsuit to ensure these sorts of things don’t happen to you again.

In conclusion, facing the denial of visitation rights can be one of the most distressing challenges in a child custody or divorce case. As a parent who has dedicated so much to your child’s well-being, the uncertainty of not knowing when you’ll be able to spend time with them is deeply emotional. It’s important to understand that there are legal avenues to address these concerns and ensure your rights are protected. If you find yourself in this difficult situation, seeking experienced legal guidance is crucial to help you navigate the process and fight for the relationship you deserve with your child.

Questions About the Documentation of Visitation Denials? Contact the Law Office of Bryan Fagan

The attorneys with the Law Office of Bryan Fagan, PLLC, thank you for taking the time to read our blog post on this critical subject. If you would like clarification or additional details about anything you’ve read today, please do not hesitate to contact our office. A free-of-charge consultation with one of our licensed family law attorneys is available six days a week.

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Other Articles you may be interested in:

1. Working on the Weekends: Alternative Visitation Ideas for Texas Parents
2. How Long Does It Take to Secure Visitation Rights in Texas?
3. How to Address Visitation Refusal by Divorced Parents in Texas
4. Preparing for an Enforcement case in Texas
5. Defending against an Enforcement Action in Texas
6. Enforcement Suits in Texas Family Law, Part Five
7. Enforcement Suits in Texas Family Law, Part Four
8. Enforcement Suits in Texas Family Law, Part Three
9. Enforcement Suits in Texas Family Law, Part Two
10. Enforcement Suits in Texas Family Law: An Overview
11. Child Support Enforcement Defense – Act Sooner Rather than Later
12. Can my Texas Driver’s License Be Suspended for Not paying Child Support?

Law Office of Bryan Fagan, PLLC | Houston, Texas Enforcement Lawyers

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding order enforcement, it’s essential to speak with one of our Houston, TX Enforcement Lawyers right away to protect your rights.

Our enforcement lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.