As a divorce lawyer in Brownsville Texas, I am frequently confronted with clients who are frustrated by a parent who does not exercise court ordered visitations. Many people want to take the other parent to court to force them to visit the child or to deny future visitations. I am very reluctant to recommend taking the other parent to Court in these situations.
My experience as a Brownsville Texas divorce attorney is that suing to enforce or modify a child custody order because a parent is not exercising visitations can BACKFIRE. First, you have to spend money on a divorce attorney to take the other parent to Court. Second, even if you win, it might not change anything. Finally, taking someone to court gives them an opportunity to counter sue you to change custody.
This is what I call "waking the sleeping bear." If your child's other parent is not visiting, it is best to move on and not go to court over it. I have seen too many cases turn nasty and get expensive, when there was no need to go to court in the first place. A divorce lawyer should advise you of the risks involved with instigating litigation.
An absentee parent is better than one who will cause you or your child problems. As a divorce lawyer, I advise my clients that it is always best to focus your energy on your child and not on the other parent.
Garza & Elizondo, LLP
680 East St. Charles St, Suite 600
Brownsville TX 78520
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526