M. J. Hill & Associates, PLLC
Call Us Today To Schedule An Appointment 512-212-4916 Search

San Marcos Legal Issues Blog

Child sickness no reason to deny visitation

Parents who are working together to co-parent their kids following a breakup or divorce need empathy and compassion. Without those things, co-parenting can deteriorate into a battle of bitterness and anger with the parents using the children as weapons to hurt one another. Texas law has safeguards in place to ensure that the non-custodial parent is afforded visitation according to the terms of the possession order, but some parents look for reasons to deny visitation even if it's against the law.

Some of the most common illegitimate reasons to deny the visitation rights of a parent include simple malice, bitterness, resentment, a child's sickness or the child's wishes. It's a common situation that one parent develops ill feelings toward the other following a divorce or breakup, but that is not a reason to deny visitation. Also, dislike for an ex's new partner is not a legitimate reason to deny visitation.

What to do in a child custody dispute

It is important for parents who may need to negotiate child custody or who are involved in a custody dispute to understand Texas law. Every state's law is different regarding child custody, and research into those laws can help. Even within a state, jurisdictions could differ as well.

Parents might want to consider hiring an attorney. Attorneys may be able to assist with negotiation and litigation as well as explain unfamiliar legal terms and concepts to parents. For example, parents may not realize that there are actually two components to custody: legal and physical. Parents who have legal custody have the ability to make major decisions about such elements of the child's life as religion, education and health care. Physical custody is about where the child lives the majority of the time.

Reduce your stress through positive co-parenting

When you have children, there is a very little chance that you will be able to break completely away from the other parent when you divorce. Instead, they are likely going to be an active parent with whom you will have to communicate often. Because of this, it is a good idea to set the right precedent for the parenting relationship you are entering into.

One of the most important ways that you can reduce your stress in these cases is to have respect for your co-parent. Being respectful when you communicate with your ex or speaking about your ex can help to alleviate negativity.

How to co-parent with a toxic ex

In ideal situations, divorced spouses in Texas and elsewhere can get along well enough to peacefully co-parent their children. However, some exes have toxic personalities that make co-parenting difficult or impossible. Here are some tips on dealing with former spouses who refuse to get along for the sake of the kids.

First, experts recommend that parents learn to accept what they can't change and focus on controlling the things that they can. This means parents should control their own behavior and do their best to ignore the behavior of their ex. This process can be made easier when parents recognize the communication patterns they have with their ex and seek to avoid situations that trigger them. Meanwhile, parents should be sure to set new boundaries that prevent them from being baited into fights or other emotionally unhealthy situations. For example, if parents only communicate with their toxic ex on a co-parenting app and block them on social media, they can limit unnecessary and unpleasant interactions.

Email Us For A Response

Have Questions? Email Us.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy


Contact Us

San Marcos Office
501 Broadway
Suite A
San Marcos, TX 78666

Phone: 512-212-4916
Fax: 866-506-2440
San Marcos Office Location

San Marcos Office
P.O. Box 1296
San Marcos, TX 78667