What if non custodial parent does not exercise visitation? As a parent, it can be both concerning and frustrating when the other parent does not, or will not utilize the visitation privileges outlined in a court order. This can create emotional distress for both parents as well as any children involved.
It is ultimately important to take swift action if you are the custodial parent who has been wronged by another party failing to comply with their parental obligations.
Within this blog post, we will discuss best practices for how to address situations where non-custodial parents do not exercise visitation rights that were previously agreed upon. Keep on reading for what if non custodial parent does not exercise visitation.
What is Visitation?
Visitation is defined as a court-ordered arrangement for noncustodial parents to spend time with their children. This can include overnight visits, holidays, and other special occasions.
Depending on the individual situation, visitation rights can be specified for regular periods of time or set up in a more casual agreement between two parties (non-custodial parent and custodial parent). This agreement should be noted down in a written document so both parties understand what is expected from them.
How Can We Set Visitation Schedule?
In numerous states, the law requires divorcing couples to collaborate and generate a legal agreement that outlines all visitation plans for their children.
When parents find themselves at an impasse regarding visitation terms, a third-party mediator may be the solution to help them come to an agreement that best meets both of their needs in a professional atmosphere.
When crafting visitation plans, judges must approve of them to ensure that the schedule is fair and allows parents to uphold their rights – all while keeping the child’s well-being foremost in mind.
What If Non Custodial Parent Does Not Exercise Visitation?
What should a custodial parent do if the other, non-custodial parent does not come for their child’s visit? Is it necessary to prepare the child only to have them experience disappointment when one of their parents doesn’t show up? Can visitation rights be disregarded without consequences by the custodial guardian?
Prior to resorting to a legal solution, the custodial parent should attempt resolving the issue through one of these suggested techniques:
- Set a firmer tone:
It is essential to make sure your ex-spouse comprehends that you are no longer willing to tolerate these types of delays. You can require the non-custodial parent provide a 24 hour notice prior to visitation in order for you and your child will have ample time to prepare.
This way, not only do you regain control over the situation but more importantly limit any possible disappointment on behalf of your child.
- Urge your lawyer to dispatch a written notice to your ex-partner as soon as possible:
With a single strong statement from an attorney, you can get your ex to adhere to their custodial schedule. This is not something that should be taken lightly and must be made clear to the other parent – any violations of court orders will have serious consequences. Don’t delay in making sure these requests are respected!
- Ask for mediation services from the Family Services Office:
If you and your ex have established a child custody schedule that is not being adhered to, take the initiative and reach out to the court for assistance.
Many courts provide mediation services that can help mediate an amicable solution without having to appear in front of a judge. With this service, you may be able to come up with an arrangement that works better for both parties!
- Document everything:
Regardless of what you decide to do when the non-custodial parent isn’t respecting their visitation rights, it is important to document your situation.
Utilizing a computer software program will enable custodial parents to easily keep track of missed dates and offer this information in court if necessary.
In addition to school attendance records, make sure that all efforts made towards resolving the issue with your ex are noted as well; these details can be extremely beneficial should legal steps become required.
Court Action for Violating Visitation
If all efforts by the custodial parent to get the non-custodial parent to see their child have been exhausted, it may be time to take legal action. Taking the case to court should ensure that a resolution is reached and that both parents are able fulfill their parental duties in an appropriate manner.
The outcomes of failing to honor a visitation schedule can range, depending on how serious the violation is, how often it has occurred and what will benefit the child most.
Generally speaking, judges are reluctant to take away visits from non-custodial parents altogether but there still may be repercussions for disregarding an agreed-upon plan.
When a parent misses visitations, the judge will be responsible for determining what consequences should take place. A few of these penalties may include:
- By mandating a parent to bear the costs and attend parenting courses, we can ensure that all parents are adequately informed of how best to raise their children.
- To hold the responsible party accountable, family counseling should be mandatory and paid for by them.
- Reassessing the childcare contract and restricting a parent’s contact with their child are possible paths to take in order to create an optimal living environment for all parties.
- Ensuring that custodial parents are compensated for any late or missed scheduled visitations through a monetary fee is an important step in upholding the court-appointed visitation rights.
- To settle any disputes, it is essential that both parents attend mediation — and the violating party must bear all costs.
Reclaiming Lost Opportunities: Rescheduling Missed Visitation
Above all else, the judge prioritizes the child’s well-being. As such, their rulings are based on what would be most beneficial for them.
When a non-custodial parent is unable to attend visitation and desires to make up those visits at a later time, it is possible for them to receive authorization from the court in order to do so.
Nevertheless, the judge could also deny the request based on why the non-residential parent neglected to attend their allotted visitation.
As the custodial parent, if your ex-spouse asks for make up parenting time, you should always be receptive and think of what would work best for both your child and their co-parent. Life is full of surprises that sometimes get in the way; however, stay open to alternative arrangements which may provide more flexibility.
What Happens if Children Refuse Visitations
Even though it is understandable that no one can force a child to visit their parent against their will, this does not change the fact that these schedules are put in place for the best interests of said child.
Despite a child’s wishes, it is essential for custodial parents to still abide by legal processes when dealing with the situation. When your children refuse to visit their non-custodial parent, as cue the custodian of them, you must:
- Talk to them about why they won’t join the tour (if safety is a concern, consult your lawyer for legal guidance).
- Make sure your children understand that both parents love them deeply and cherish the time they spend together with the other parent.
- Explain to the child the concept of visitation and why it’s crucial to spend time with both parents.
- If all else fails, consider reaching out to the other parent and discussing permitting your child to lessen or terminate their visits.
FAQs
Is it a requirement to visit family in Texas?
The state of Texas has set the Standard Possession Order as its default presumption. In essence, this order grants visitation to noncustodial parents who live within 100 miles from one another— every first, third and fifth weekends of each month; Thursday evenings; along with alternating holidays (like Thanksgiving in turns).
Are you looking for information on how to uphold a visitation order in Texas?
To make sure your visitation rights are respected and to ensure the court holds the other parent accountable, you must display that you have adhered strictly with the order’s details – while demonstrating that they haven’t. Be punctual on all dates listed in your agreement; arrive at precisely specified location within allotted timeslots.
Can a mother legally forbid the father from seeing his children?
While it is possible for a father to lose his right to see the child for some reasons, such an event rarely occurs. Through filing a court order, a mother can terminate the responsibility of fatherhood and annul paternity rights given.
Conclusion
When it comes to what if non custodial parent does not exercise visitation, the law dictates that they must be held accountable. To ensure this happens, both parents must demonstrate a respectful attitude towards co-parenting and do what is best for their child’s well-being.
It is essential to take into consideration all factors associated with visitation, including what happens when a child refuses to attend and what happens when the non-custodial parent cannot make up the time.
If both parents remain committed to upholding legal processes, then everyone involved will be able to have an optimal co-parenting experience.
