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What can I do if my ex will not allow me visitation?

| Dec 4, 2020 | Child Custody |

Custody issues do not always end once you have an order from the court. In some situations, the other parent may decide to deny you visitation. 

Texas Access explains that you need to stand up for them any time a denial occurs but do so within the confines of the law. 

Denial definition

Under the law, a denial occurs when the other parent denies to give you physical custody of your children at the time and place dictated by your visitation order. You must be at the physical location at the time of pickup to claim a denial even if the other parent tells you ahead of time that you will not get the children. 

You must also make sure you are there at the exact time stipulated by the order. You cannot claim a denial based on a phone call or text message alone. 

Your next actions

If you show up at the right time and correct place and a denial occurs, you need to record it in some way. You should always write down the details. It helps to have an impartial witness as well. If you meet at a location such as a gas station, you can go inside and buy something, get the receipt, and use that as proof you were there. 

You want to record at least three denials before you involve the court. You will also need to ensure that you have a record of the dates and times of each denial. You also want witness information and an account of exactly what happened. 

Do not try to handle a denial on your own. Avoid getting angry or making threats. It may be difficult, but doing these things could lead to further issues for you in court.