Child sickness no reason to deny visitation

On Behalf of | Dec 2, 2019 | Child Custody

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.

Some parents believe that if the child is sick, scheduled visitations can be skipped, but that is not true in most cases. Rather, visitation should take place even if the child is sick; in the case of hospitalization, the non-custodial parent should be notified so that visitation can happen at the hospital. The child’s wishes are also not a reason to skip a visit except in cases of imminent danger, abuse or violence.

People in Texas who have questions about child possession or visitation and their rights under the law might want to schedule a meeting with a lawyer. A lawyer who has experience practicing family law may help by reviewing the terms of an existing visitation order to determine if the other parent has violated it. A lawyer might also argue for a specific child possession and visitation arrangement or child support schedule during Texas family court proceedings.