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  1. #1
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    Mar 2011
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    Question Contempt for Denying Mom Visitation

    My question involves a child custody case from the State of: TX
    Longer story shorter- Husband has primary custody of his two girls, ages 8 & 10. Mother has not seen the kids in well over one year, and has not consistently visited for over 2 years. She is due for release from state jail (served 10 months) and although, my husband attempted to contact, and set up gradual visitation, it seems as though that has fallen through. B/C of past experiences, we are expecting her to show up out of the blue demanding visitation, even though she failed to see the children well before her incarceration. With all of these circumstances in place, is there a good chance that my husband could be held in contempt if he were to deny visitation? We've no desire to keep children from her, just to ensure they begin to rebuild relationship in healthy way. Secondly, would her past failure to use the visits to which she's entitled be ample grounds to request modification of custody- we would only seek a gradual parenting plan, not sole custody. We really do want her in the kids lives, but she fails to see how negatively her disappearing acts effect the children and how badly they need consistency. Does TX even have a gradual parenting plan?

  2. #2
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    Default Re: Contempt for Denying Mom Visitation

    Is there actually a visitation order in place? Word for word please, minus names.

  3. #3
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    Mar 2011
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    Default Re: Contempt for Denying Mom Visitation

    Yes order is in place:

    Mom has 1st, 3rd & 5th weekend plus Thursdays during school beginning at time school ends until the time school begins.
    Summers- every Thursday 6 pm until 6 pm Friday and a month long visitation in July.

  4. #4
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    Default Re: Contempt for Denying Mom Visitation

    Then Dad needs to abide by the order until it is changed. Dad can file to modify the existing order, but in all honesty it may not make much difference. The kids aren't young enough to not remember Mom and unfortunately she's allowed to flit in and out of their lives as she pleases, for the most part.

    Maybe Dad can look into requesting "at his discretion"? He can bring up the jail term and the lack of visitation in the past; it may not convince a judge, but it's possible.

  5. #5
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    Feb 2011
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    Default Re: Contempt for Denying Mom Visitation

    Dad may be held in contempt for interfering with visitation in violation of the current order. It is not within dad's discretion to deviate from the court order. If he has issue with the current order, he can file for modification in court.

    Until the court says otherwise, dad needs to have the children available to the mother at whichever of her designated visitation times she chooses to exercise.

  6. #6
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    Default Re: Contempt for Denying Mom Visitation

    Dogmatique- if he was able to petition to modify, Would the Judge consider prior behavior of mother while considering a progressive visitation schedule?

  7. #7
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    Default Re: Contempt for Denying Mom Visitation

    Quote Quoting malayaf2
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    Dogmatique- if he was able to petition to modify, Would the Judge consider prior behavior of mother while considering a progressive visitation schedule?


    He can raise Mom's recent history, absolutely. He can also (if he can document it) point to the inconsistencies of Mom's prior visitation habits.

    But in all honesty Dad should understand that even if he gets visitation changed, there's a strong chance she'll just keep flitting in and out of the kids' lives.

    However, at least if it's at his discretion he does have some control.

  8. #8
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    Mar 2011
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    Default Re: Contempt for Denying Mom Visitation

    We've documented every single occurance between her and the children for over 2 years, including saving emails & texts. All we've done is keep the "visitation" log in excel format for our records. Would that be enough, or would courts need actual proof- witnesses, etc.? (Sorry to bother)

  9. #9
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    Default Re: Contempt for Denying Mom Visitation

    Quote Quoting malayaf2
    View Post
    We've documented every single occurance between her and the children for over 2 years, including saving emails & texts. All we've done is keep the "visitation" log in excel format for our records. Would that be enough, or would courts need actual proof- witnesses, etc.? (Sorry to bother)


    In cases like this, that might actually be enough to prove the lack of contact and consistency. Witnesses would help, but with Mom's track record it's actually possible that the burden will be on her to disprove Dad's allegations.

    (Something of a deviation from the norm, I know)

    I would like to reiterate though, that if Dad does withhold the children he may still be found in contempt. In this situation I doubt he'd be punished severely, but he should bear this in mind. Judges can be terrifically unpredictable at times!

  10. #10
    Join Date
    Mar 2011
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    Default Re: Contempt for Denying Mom Visitation

    Fair enough- thank you for your time. Hopefully we can circumvent the issue entirely if Mom does the right thing. Fingers crossed!

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