If you do have the formal court order, there are several remedies - if your former spouse or the other parent of your child refuses to comply with the court order.
Law enforcement needs to see a copy of the formal court order before even considering acting. Police officers generally don't like to become involved in family disputes. Some police officers may advise you to make an appointment with your lawyer. Other police officers may go to the other parent's home and inquire about why the custodial parent is complying with the court.
The knock on the door may be enough to get the other parent to respect your visitation rights. If the contact from the police officer doesn't result in the other parent respecting your visitation rights, the officer will likely tell you to see your family law attorney.
Court orders are meant to be respected. For example, a parent may consider denying visitation if the other parent is abusing the child. If abuse is occurring, then the conservator the parent who has custody of the child should seek a modification of the court order or seek an emergency order to deny visitation.
The primary way in which you can seek visitation, based on the terms of the court order, is to file a court action seeking to have the judge enforce the court order. In Texas, another extreme option is to seek a habeas corpus writ or an attachment writ — where the family judge will either immediately order the parent to turn over the child to you or authorize a law enforcement officer to seize the child.
This option is rarely used, but there are cases where it may be appropriate depending on the child's age and other factors. Whether you've divorced or you're legally separated , if you're a parent you need a custody order. Parents can work out their own arrangements regarding custody and visitation with a judge's approval.
If parents aren't able to agree, a judge will make a visitation and custody order based on the child's best interests.
Your custody order will designate which parent has primary physical and legal custody or if both parents share custody.
Holiday visits and summer visitation should also be a part of your custody order. Once issued, a visitation order must be followed by both parents. Parents can't create their own custody modifications without a judge's approval. Your child's refusal to attend visits with your ex could land you in hot water. Under any visitation order, a parent must make a child reasonably available for a visit at the times set forth in the order. This may include dropping a child off at a certain location or at the other parent's home.
When a child is sick or otherwise unable to make a visit, the parent with present custody of the child must notify the other parent as soon as possible and work out a make-up visit.
Most custody orders don't spell out a parent's role in facilitating visitation other than making a child available for visits. It's implied that a parent will act reasonably. For example, a judge may be more understanding of a parent who can't get a teenage child to cooperate with visitation than if the parent says their toddler is refusing visits.
Jose holds a J. Davis School of Law and a B. He also has experience in general digital marketing, SEO, and content management.
While not working, Jose enjoys listening to music and studying jazz guitar. Law Library Disclaimer. Can't find your category? Click here. Child Custody and Visitation. Child Support. Spousal Support or Alimony. Please provide a valid Zip Code or City and choose a category. Please choose a category from the list. Please select a city from the list and choose a category. Please enter a valid zip code or city.
Please select a city from the list. Connecting …. Are You a Lawyer? Grow Your Practice. An attorney can advise you on what you can and cannot do and help you make the best decision on how to move forward. An attorney can also help you ask the court for emergency custody if it is necessary to keep your child safe.
You might be overwhelmed when the safety of your child is at stake, but an attorney can help you make informed decisions so you can fully exercise your rights and protect your child.
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