Missing your scheduled visitation time with your child may have no consequences, or may land you in trouble with the Collin County family law courts. It all depends on the number of times you’ve skipped out on your parenting time and the conditions that caused you to miss it.
If you and the other parent have a court-ordered visitation schedule, your possession and access to your child is a legally binding agreement, enforceable by a judge, with legal consequences for missing your time with your child. The primary custodial parent may, if you consistently violate the court order, petition the court to reduce your custody time or eliminate it altogether.
If it’s the first time you’ve missed your parents’ visitation time, and you have a cordial co-parenting relationship with your ex, you may be able to work out a makeup visitation with them.
If you’re having trouble with your child’s other parent missing parenting time or otherwise violating the custody agreement, talk to an experienced Frisco family law lawyer about your legal options.
Texas laws regarding violation of a child possession order
The Texas Family Code sets a standard possession order intended to ensure that the non-custodial parent gets to spend time with their child regularly, as having a good, consistent relationship with both parents is generally healthier for the child. However, depending on your family situation, you may negotiate a different possession and visitation arrangement. As long as a judge determines it’s in your child’s best interest, it will be deemed legally binding and enforceable by the court.
A violation of a child possession order can include any of the following:
- Being consistently late to exchange the child
- Consistently missing parenting days
- Primary custodial parent refusing the other parent access to their child
- One parent relocating outside of a specific geographical area without the other parent’s permission
- One parent telling the other that the child refuses to see them
- The primary custodial parent is refusing access to make the other parent pay child support
- Having someone else exchange the child (like a new partner) instead of the parent
- Enrolling a child in an activity that conflicts with the other parent’s possession time without permission
Essentially, any action (or inaction) that deviates from the court-ordered parenting schedule can be considered a violation of the order, leaving the violating parent open to contempt of court charges, fines, and potentially jail time.
If I’m late or miss my visitation time, can I get that time back?
If one parent is unable to make their scheduled visitation time, they must notify the other parent. They can request makeup time, but the custodial parent does not have to agree to it.
You can petition the court for makeup time if the other parent refuses. If it’s a one-time thing or an emergency, the court will be more likely to agree to your petition than if you’re consistently late.
Legal options for the custodial parent
If the non-custodial parent consistently fails to follow the parenting time schedule, it’s important to keep accurate records. You may be able to petition the court to modify the order or reduce the other parent’s possession and access rights. Judges typically require detailed documentation before making changes to a court order, so speak with a family law attorney about how to properly track and report these violations.
Protect your parenting time with trusted legal support
Parenting time disputes can take a toll on your child and your ability to co-parent effectively. If you’re facing repeated missed visits or dealing with confusion about your court-ordered schedule, the family law attorneys at Albin Oldner Law can help you explore your legal options. We’ve represented parents across North Texas in a wide range of custody and visitation matters, and we’re here to help you protect your time with your child. Call us today at (214) 423-5100 or contact us online to learn your options.
