Child custody laws in Texas reserve visitation, and other parental rights, for non-custodial parents, who many times is the father of the children. Despite custody agreements, some fathers are repeatedly denied visitation as outlined in the agreement. With the assistance of a child custody lawyer, a father who is faced with such a situation has the right to file a motion with the courts to retain visitation rights with his children. In situations where visitation rights are being violated, fathers should work with experienced child custody or divorce attorneys to resolve the matter as quickly and easily as possible.

Custody, Conservatorship, and Visitation

When a couple with children divorce, the care and living arrangements for the children is formalized in a custody or conservatorship agreement, as it is known in Texas. With the help of a child custody lawyer, this arrangement is presented for court approval. The agreement is a legal plan outlining things such as each parent’s role in raising the children, financial responsibility, decisions concerning the children, and visitation. The parent with physical custody of the children is the custodial parent or the parent with possessory conservatorship. The other parent is the non-custodial parent, or the parent with managing conservatorship.

In an effort to give children the benefit of being raised by both parents, the non-custodial parent is awarded visitation rights. The extent of visitation is determined by the court and is based on the individual circumstances of each case.  Consideration is given to the mental and emotional state of the children and how they react to visitation. The right to visit one’s children is protected by statute; it cannot be denied except by court action.

When Visitation Is Denied to Fathers

It is against the law for a father who is the non-custodial parent, with managing conservatorship of his children, to be denied visitation as it is outlined in what child custody lawyers refer to as a standard possession order. This order defines visitation schedules, including time off from school, holidays, and other times when non-custodial parents may be granted visiting privileges. Visitation is the non-custodial parent’s legal right that cannot be changed or denied by the parent with possessory conservatorship.

A common misconception seen by child custody attorneys happens when a mother with physical custody believes she has control to grant or deny visitation, which is not true. A custodial parent may attempt to prevent the father from seeing his children. Sometimes false claims are lodged against a non-custodial parent in an attempt to have visitation rights revoked.  Any father who is denied visitation as outlined in their custody agreement, or has experienced attempts to revoke visitation, should speak to an experienced child custody or divorce attorney. Problems regarding visitation must be brought before the family court. If necessary, new visitation schedules can be established and other concerns resolved.

Child custody agreements and visitation orders are determined by the court, based on the needs of both parents and children. When court orders are ignored and a father is denied his visitation rights, it may be time to enlist the help of an experienced child custody lawyer to uphold parental visitation rights!

Garza & Elizondo, LLP

Downtown Brownsville
680 East St. Charles St, Suite 600
Brownsville TX 78520
(979) 202-0067

North Brownsville
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526
(979) 202-0067

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