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When can you refuse to transfer your child for court-ordered visitation?


When can you refuse to transfer your child for court-ordered visitation?

| Nov 6, 2020 | family law |

Most Texas judges look at visitation and child custody as beneficial for both parents and kids. Courts generally believe that it’s in kids’ best interest to spend time around both of their parents. Moms and dads like having a say in bringing up their children. There are instances in which a mother or father may find oneself inclined to not transfer their child to the other parent per the parenting plan. While parents generally may face legal problems for refusing custody, doing so may be justifiable in some instances.

A parent may be able to lawfully deny visitation if they believe that their child’s safety or life may be at imminent risk. They can do so in some jurisdictions if they know that there are improperly secured weapons in their ex’s home or that their residence is otherwise unsafe. Moms and dads can also lawfully refuse court-ordered visitation if they believe that their child’s other parent may subject them to sexual or physical abuse.

Parents generally can’t refuse to transfer their child for court-ordered visitation simply because they’re not in agreement with how their ex spends time with their son or daughter. These are issues that parents should find time to discuss among themselves instead before they spiral out of hand. 

The best thing you can do if you feel that your child is in some imminent danger is to refuse the transfer of custody, but a Texas family law judge could hold you in contempt of court if you don’t have a valid reason for doing so. You’ll likely want to petition the court for a modification hearing right away if you do withhold custody of your child. 

If you think you may be facing this kind of situation, you might want to consult with a child custody litigation attorney. That’s the best way to learn more about the next steps you’ll want to take in your Houston case if you refused court-ordered visitation here in Texas.