Visitation Rights FAQs

While one cannot deny visitation rights on petty grounds such as anger, there are several other reasons that may result in a denial of visitation. These reasons include:

• Intoxication of an ex-spouse that could endanger the child
• If your child is too ill or incapacitated and cannot be moved
• If the child states that he/she is being physically, sexually or verbally abused by the other parent

With any of these accusations must come proof. A police report should be filed if you suspect your child is in danger. A doctor’s written explanation should be requested if your child is far too ill to be moved in order to visit the other parent. However, a denial of visitation should not be abused; otherwise the court may fine or even deny your visitation right.

The court will dictate the specifications of the Standard Possession Order (SPO) that the involved parties “may have possession of the child at times mutually agreed to in advance by the parties and in the absence of mutual agreement, shall have possession of the child under the specified terms set out in the standard order.” This is according to the Texas Family Code.

A denial of contact, as the situation is called, can be resolved by sending a written letter to your ex-spouse asking him/her to reinstate visitation rights. If no action results, you have the right to take legal action. Your first option would be to request an interim contact order, which allows you legal visitation rights until a court hearing resolves the matter. However, before taking legal action, is it suggested you consider third party mediation to rectify the situation.

Yes, their visitation and access rights can be taken away by the court. If the court determines that the possessory conservator has the potential to harm the child in a physical or emotional manner, the conservator will no longer have access to the child.