When it comes to visitation after a divorce or separation, your hope is likely that everything will go according to the visitation agreement you have with your child’s other parent. Unfortunately, it doesn’t always turn out that way. Do you have recourse when visitation is no adhered to?
The answer is yes; however, there are some things that you can do to make the enforcement of visitation easier. A visitation enforcement kit can help you enforce the order that allows you to see your children even when the other parent won’t follow it. This kit includes the forms and documents you need to show the court that the visitation order is not being followed. Some of the forms include:
— Demand letter for visitation: This is used to remind the other parent what the legal consequences may be if he or she violates the court order.
— Visitation journal: This is a place where you can keep track of your attempts at visitation.
— Court at a glance: This document outlines what you need to do to file your case. There are seven steps, but you may already be using the services of a family law attorney.
So what actually counts in Texas as a denial of visitation. First, you must appear in person to pick up your children at the agreed upon location. This is even if the other parent has informed you that he or she won’t be there. Write down what happens in the visitation journal so you have a record of the incident. If you brought a witness with you, be sure to record his or her name. If you have a receipt from a nearby convenience store close to the time you are supposed to pick up your children, put that in the journal, too. You may want to make an informational report about the incident with the local police department.
When visitation is not allowed, both the children and the other parent suffer. Visitation cannot be withheld because child support payments are behind, either. A family law attorney can provide additional information on your legal options.
Source: Texas Law Help, “Visitation Enforcement Kit,” accessed Nov. 24, 2015