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  1. #1
    Join Date
    Jan 2013
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    1

    Default Does the Noncustodial Parent Forfeit Visitation if He is Not on Time

    My question involves a child custody case from the State of: Texas

    To make a long story short - the father of my children does not see them. He will not let me know where he lives or works, nor will he give me his phone number. I made several attempts to get him in their lives, but I finally gave up. In December, after 2 years of nonpayment, he was brought before a judge. He tried to have me put in jail for contempt of the visitation order. The judge refused it. He was supposed to pick them up for Christmas break and never did. On Sunday, he came over unannounced and tried to take the girls because it was his weekend. (He has never even TRIED to take them on a weekend.) The girls didn't want to go with him because they hardly know him. He was very rude to them and upset them because he tried to take them anyway and told them there was nothing I could do about it. Now, I would have let them go if they wanted. I left the choice to them. He ended up making a scene and scared not only them, but the neighbors. If this happens again, do I HAVE to let them go with him any time within his visitation weekend? Our court order does not address this issue.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Does the Noncustodial Parent Forfeit Visitation if He is Not on Time

    If you have a problem with your ex- not showing up for visits, or not appearing on time, it is best to have your custody order amended such that "If the NCP does not pick up the children within X minutes of the start of his designated parenting time, the visit is canceled."

  3. #3

    Default Re: Does the Noncustodial Parent Forfeit Visitation if He is Not on Time

    Agree. What you have to follow is the exact language of the order. If there's nothing that says "except if...." then the order stands as it is. If dad has been largely absent and has substantial history of NOT exercising his visitation, such that he's a virtual stranger to the children, then it's time, as Mr. K noted, to have the order amended - either by putting in specific language about timeframes within which visitation must initiate or be forfeit, or, if an extreme case, you can ask that visitation be supervised for a period of time to allow and facilitate a relationship between children and dad such that he's no longer a stranger. If distance or other circumstances make physical visitation a challenge, phones, Skype, etc. are alternative ways for your children to interact with dad without there being a physical exchange (judges tend to smile upon parents who have made a good will effort towards relationship with the other parent).

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