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Your Rights When Your Child’s Custodial Parent Won’t Let You See Your Child

With the help of an attorney, it is usually possible for a noncustodial parent to gain access to his children. In many Texas divorces and other cases where a child’s parents aren’t married, the mother ends up with primary custody of the child or children. Fathers are often supposed to be able to visit their children or have them on weekends and holidays. Unfortunately, some mothers don’t comply with a judge’s orders or the parenting plan agreed upon during a divorce. In these cases, it is important for fathers and any noncustodial parents to understand their access and visitation rights.

In Texas, visitation is called “possession.” While every case is different, the “standard possession order” generally gives a father possession of children on the first, third, and fifth weekend of each month as well as Thursday evenings. The father will also have possession on certain holidays and for part of the school summer break. When the father and mother live 100 miles or farther apart, visitation is different. In many cases, parents create their own plans instead of this standard order. If a judge approves the plan, parents must follow it.

When your child’s custodial parent refuses to provide you with access or possession to your child, you have rights. Your Houston child custody lawyer will help you enforce these rights. You should never stop paying child support or take any other action without speaking to an attorney. Child support and visitation are separate issues and failure to pay may end up with you in jail.

Your attorney will file a motion under enforcement provisions of the Texas Family Code, asking a judge to direct the child’s mother to obey the court order and to enforce your rights. The order will contain details about each time the mother prevented you from seeing your child. A court can order access and also order additional periods of possession or access to make up for time that has been missed. A mother who refuses to comply and let you see your child can be held in contempt of court.

Robert Reid McInvale, Attorney at Law works hard to make sure fathers can see their children and be a part of their lives. If your child’s mother is denying you access or visitation, call now at 866-959-7824 or contact us online to learn more about your rights.

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Robert Reid McInvale
Attorney at Law

Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Houston. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

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