Missing your scheduled time with your child causes stress and frustration. In Texas, a court order is a legal requirement that both parents must follow. If your co-parent refuses to let you see your child, Texas law gives you specific remedies.
Understand what constitutes denied visitation
A parent denies visitation when they refuse to follow the Standard Possession Order or a custom schedule. This often occurs during weekend swaps or holiday breaks when one parent keeps the child longer than the order permits.
Specific violations include:
- Late arrivals that significantly reduce your time
- Outright refusal to meet at the designated exchange location
- False claims that the child is too sick or too busy to visit
Even if you owe child support, the other parent cannot legally prohibit your visits. A parent violates court rules if they deny time to retaliate against a co-parent.
Document the missed exchange immediately
When a co-parent blocks a visit, you must stay calm and create a clear paper trail. Avoid heated arguments at the exchange site, as the court may use such behavior against you later.
To document the denial:
- Arrive at the location at the correct time to show you were ready
- Save all texts or emails regarding the denial of your time
- Log the date, time and specific reason the other parent gave for the missed visit
Small purchases near the exchange site can provide a time-stamped receipt to prove you were there. This evidence is vital if you eventually need to ask a judge for help.
Know your options for enforcement
If the pattern continues, you may file a Motion for Enforcement to protect your parental rights. Texas judges take these violations seriously and require proof that the parent intentionally denied visitation.
The court may authorize the following:
- Make-up time: You may request additional days to recover the time you lost.
- Contempt of court: The court may hold your co-parent in contempt for failing to follow court order.
- Attorney fees: Judges may order your co-parent parent to pay your legal costs.
While police rarely intervene in civil custody cases, a formal court filing provides the strongest remedy. The Texas legal system establishes these rules to ensure your child has regular access to both parents.