Are you and your child’s mother separated from one another? If so, today’s blog post from the Law Office of Bryan Fagan is for you. We are going to talk about an important subject related to child custody. Namely, whether your child’s mother is denying you visitation is a relevant question for families who have not yet been to family court. In a situation like that, there are no court orders in place. When there are no court orders to dictate your behavior there is some grey area to consider. Is your child’s mother keeping him from you? Read on to find out more.
It can be incredibly frustrating to find yourself in a position where your child’s mother refuses to allow you to see your children. You may have done nothing wrong to deserve that kind of treatment. However, you now find yourself being denied visitation in possession of your children. When you lived with the children it was no problem seeing them. But now that you and their mother are no longer in a relationship it isn’t easy to maintain that same dynamic.
In today’s blog post from the Law Office of Bryan Fagan, we are going to discuss whether visitation can be denied by a father without a court order. If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our experienced family law attorneys know how to guide clients in difficult family law cases. You do not have to approach your divorce alone.
Can mothers deny visitation from a father?
The key to whether a mother can legally keep a child from the father without a court order in Texas is the circumstances of the case. If there truly are no court orders in place, then we would need to look to the right duties of each parent. Absent a court order saying otherwise parents have equal rights to possess their children in Texas. This means that both parents can make decisions about the activities of their children. Theoretically, that could mean That your child’s mother could deny visitation from you without the court order in place.
However, that presents a series of questions period is it in the best interests of your children for your child’s mother to do so? Preventing your children from seeing you almost certainly is not in their best interests. Children tend to do better when they are allowed contact with both of their parents. This is the presumption that is present in family law cases. However, if there are circumstances in a place where your children Alright risk with you present then your child’s mother may be justified.
Otherwise, by denying you visitation your child’s mother is inviting you to file a lawsuit to allow you greater time and access with the children. Filing a child custody case is the first step towards ensuring that you have specific visitation periods with your children. The risk of not going to court initially Is that your child’s mother could establish a routine of bad behavior. That means she could get the kids used to not spending time with you. From there, it is difficult to find yourself in a position where you now have to convince the children to want to spend time with you more regularly.
Temporary restraining orders and protective orders
When it comes to legally keeping your children from their father without a court order in Texas you need to have a very good reason for this. Let’s look at the situation from the perspective of a mother. Suppose that you are married to a man who has been abusive in the past. This abuse is something that you are very much concerned with. Since the abuse has been ongoing at home you have decided to not allow the children to see him currently.
A temporary restraining order may be filed along with an original divorce petition. The temporary restraining order allows you to include specific prohibitions as far as your husband meeting the children. These are known as temporary restraining orders because they would eventually sunset after 14 days. They may be extended an additional 14 days upon filing a motion. It is anticipated that a temporary order hearing will occur within one month of filing the divorce. Temporary restraining orders would then become part of the temporary orders for your case.
Additionally, a protective order may be sought in your case. A protective order does what you think it would. Namely, protect you and your children from your spouse. A protective order may be sought on an emergency basis. Your attorney may file a motion for a protective order which can be granted without having to notify your spouse. Thereafter, to make a permanent protective order notice would need to be given to your spouse.
Visitation denial for a child without a court order
Asking if a mother can legally deny visitation without a court order in Texas is what we are trying to figure out today. However, there is another question that we need to discuss. Namely, what is the impact on your child of being kept away from his father? Absent circumstances like the one we just discussed involving violence in the home there can be significantly negative circumstances that would impact your child.
Children thrive on stability and consistency. This is true in their daily lives and their relationships. Additionally, it matters to a child to be able to physically have both parents nearby. If that is not possible then at least knowing that the parent is able to care for him or her can be a major benefit to that child. Being denied visitation on a consistent basis can create even more turmoil in the life of a child.
The standard that matters the most in a child custody case is the best interest of the child’s standard. Keeping a child from their father without a court order means that the parent doing so must have a very good reason. If not, then this can impact that parent in the family law case upcoming. In the immediate sense, it also stands to harm the child a significant amount. If you are a mother denying visitation from your co-parent, you need to be very sure that there is a good reason for having done so.
Beginning a child custody case in Texas when visitation is being denied
If you are beginning to see issues with possession and access related to your child, then it is time to consider filing a family law case. If you and your child’s other parent are not married, then it is a child custody case that needs to be filed. As a parent who has been denied visitation, you should seriously investigate a child custody case. The reason for this is that it is good for your child to be able to spend time with you. You cannot rely upon the good nature of your co-parent to suddenly change their mind when it comes to custody. Do not assume that she will suddenly allow you visitation time with the children.
On the other hand, it is also crucial that you be able to look out for the best interests of your children as a mother. The circumstance we just finished describing Involving abuse of your child hopefully is not relevant in this situation. If you are looking at a circumstance where you just don’t want your children to spend time with your co-parent, then that is not a good long-term plan. Again, it is not in the best interests of your children to be denied time with a co-parent. At the same time, you are building up a degree of hostility between yourself and your child’s father.
No matter if you are the mother or father in this situation, it would behoove you to begin to approach a child custody case. The question is: where do you start? You may be so focused on the well-being of your children that you have not thought much about the practical steps involved in a child custody case. Fortunately, there are steps you can take to gain knowledge and move closer to filing a case. Most notably, this involves working with an experienced family law attorney.
How a family law attorney can assist you in beginning a child custody case
Legally keeping your child from their father without a court order in Texas is not a good long-term plan. We have already discussed how it is technically legal to do so without a court order in place. However, in the long run, it is in your child’s best interest that there would be some consistency in their life when it comes to seeing both parents. You can help facilitate this by playing a part in creating a court order. So, where do you start when you have no idea how to begin a family law case in Texas?
What can you do if you are in a position where you are a father who has not seen your child in some time? This is despite never harming the child or your child’s mother. You pay child support informally every month on time. On top of that, you take advantage of every opportunity to see your child and spend time with him. In short, you do everything you can to be a present and accountable father. Despite that, you are continually denied visitation with your child. Are there steps you can take to help yourself in this type of scenario?
Reaching out to an experienced family law attorney at the Law Office of Bryan Fagan is a tremendous step that you can take to be proactive and defend your rights as a father. Make no mistake: a father has just as many rights to their child as a mother. Do not let your child’s mother try to convince you otherwise. Mothers and fathers are on equal footing under the law even with no court order. However, now is the time to hold your co-parent accountable and seek a court order to protect your rights to your child.
Enforcing a child custody order in the future
Let’s say that you are past the time of your initial family law case. Now you are in a position where you have a defined visitation schedule. You and your co-parent have been maintaining a schedule together for some time. There have not been any issues to speak of until a few weeks ago. Then, your child’s mother started to keep your child from you without a court order in Texas. Now you have lost several weekends with your son. Your attempts to speak to your child’s mother have not been helpful, either. She keeps telling you that she is going to make up those weekends in the future. However, those weekends never come.
Step number one is to identify the number of times that your child’s mother kept your child from seeing you. Good record-keeping is a major part of this process. The more detailed the record keeping the more likely you are to be successful in this type of family law case. Enforcement cases are based on documenting each violation of the court order. Then, detail each violation in your enforcement petition. This is how you can be successful and hold your child’s mother accountable for denying you visitation.
An enforcement case involves you being able to ask for make-up time from the court. Your child’s mother is also subject to fines for each violation of the court order. In short, violating a court order is a major issue. Be sure to keep good records, document all violations, and consider hiring an attorney. The lawyers with the Law Office of Bryan Fagan are experienced in assisting clients in enforcement cases.
Visitation denials by a mother is more likely with no court order
Even if you and your child’s mother have found yourselves coexisting ok when it comes to custody, do not plan on it lasting. Hoping that the two of you can make peace and continue to share custody without issue is not realistic. At some point, there will be a disagreement or misunderstanding that comes up. That is when problems tend to arise. This isn’t me being a downer or pessimist. This is an experienced family law attorney speaking on behalf of parents who have been down this road before.
Families like yours deserve to have stability and consistency. Your child deserves to have stability and consistency in their life. When your child’s mother has kept your son from you without a court order it will likely happen again. People don’t do what they want, however. People do what you allow them to do. When those “violations” of your trust happen there isn’t anything you can fall back on. When you have a court order violation that is a completely different situation. Then you have some accountability in the form of an order signed by a judge.
Take the first step towards obtaining a court order. When you are without a court order in Texas you run into a high likelihood that your visitation will be denied. Your child denied visitation with you. A handshake agreement is only so trustworthy. In truth, a court order helps you and your co-parent. This is not a one-sided agreement that will help you and hurt your co-parent. Every risk that you run in this situation could be applied to your co-parent, as well.
Talk with an experienced family law attorney today to avoid visitation denial
No court order protecting your time with your child? Don’t let that go on any longer. Please reach out to the Law Office of Bryan Fagan. Our experienced family law attorneys know what it takes to help you win inside and outside the courtroom. Ultimately, you are trying to build a court order that suits you and your family for years to come. It is all good and well to “win” in court. However, what you want is an order that suits your child. What is in the best interests of your child? Seeing you and your co-parent consistently. Your child’s mother should not be able to deny you visitation again.
Thank you for joining us today on the blog for the Law Office of Bryan Fagan. Our attorneys understand the stresses and anxiety that come with being a parent. One way to reduce the stress and take advantage of your time with your child is to have a court order. We know what it takes to get you to a point where you are confident and comfortable in a co-parenting situation. Our office works to help prevent your child from ever being kept from you without a court order in Texas.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
