The Most Common Violations of Child Visitation Orders

Going through a divorce can be a painful situation. However, the light at the end of a very dark tunnel for couples with children is that there are likely to be guaranteed visitation times with their kids.

 

While this is no substitute for living with your family, it can still bring comfort and a sense of normalcy to your new situation.

 

Unfortunately, some divorced couples like to make their ex-spouses “pay” for their actions through visitation violations.

 

Let’s examine why this is an issue, what common child visitation violations occur in Texas and how they are enforced.

 

Child Visitations are Legally Binding

If you and your ex-spouse agreed to become co-parents, then the court issued a child visitation agreement with a set visitation schedule. 

 

These orders aren’t suggestions for a co-parenting schedule. They are legally binding and can only be permanently changed through the courts.

 

Violation of child visitation agreements can come with expensive and unfortunate consequences that we’ll discuss later.  First, a look at the most common child visitation violations. 

 

Top Visitation Violations in Texas

Most parents should have the right to visitation with their children after a divorce. However, there are several common violations (both purposeful and unintentional) that can interfere with a parent’s granted time with their kids.

Parental Alienation

The non-disparagement clause buried within visitation orders means that neither parent can talk badly about the other in front of their child.

 

Some examples of disparagement are:

 

• Telling a child the other parent is always late because they don’t care
• Going into detail about the bad things a parent did that led to the divorce
• Offering to let a child stay with someone else during their visitation time with the other parent

 

Disparagement is damaging because it creates and reinforces negative feelings against a parent that cause a child to alienate themselves and pull away from what could be a healthy parental relationship.

 

Just because your marriage did not work out, it does not mean your issue(s) with them should carry over into how your children perceive them.

Outright Refusal

Often, a parent is so caught up in their negative feelings about an ex-spouse that they will refuse to let the other parent see their children.

 

This makes sense if the ex-spouse is making dangerous life choices that could harm the children. In this case, call in your family law attorney and consider re-drafting the agreement.

 

If refusal is out of spite or used as blackmail to get something out of an ex, you’re in violation of court orders.

One-Sided Decision-Making

Both parents must be involved in the life choices that heavily impact their children. This is especially true concerning joint-legal custody. 

 

A simple example of this type of violation is transferring schools without letting the other parent having a say, or moving to a new address without the other parent’s knowledge. Reasons may be legitimate, but your ex-spouse has a major say in these life decisions as co-parents.

Interference

Interference is a violation that can be both deliberate and accidental. While it isn’t outright refusal, scheduling doctor or other types of appointments during a parent’s visitation time is considered a violation.

What are Violation Enforcement Measures?

In some cases, failing to follow a visitation court order could result in fines up to $10,000 and a jail sentence of up to 2 years.

 

However, if a violation is a minor occurrence that doesn’t interfere with the child’s well-being or safety, parents can usually discuss the issue or resort to working with divorce attorneys to resolve the current issues.

Learn More About Your Visitation Rights with Nilsson Legal Group

If you know you have an impending divorce and believe your spouse could become an issue concerning child visitations and child custody, you need an experienced divorce lawyer on your side.

 

Nilsson Legal Group is a team of reliable, experienced, and determined divorce lawyers who can answer all your questions and prepare you for the legal battle.

 

Reach out to us today to schedule your free consultation with a team member.