What Happens If the Noncustodial Parent Misses Visitation in Texas?

Co-parenting and sharing custody can be tricky, even with the most amicable relationships between ex-partners. If you have a legally-binding court-ordered conservatorship and possession agreement, then both you and the child’s other parent must honor it. Otherwise, you could be in trouble with a Texas family law judge for violating a court order. 

Missing your access or visitation time may not seem like a big deal, but if you’re consistently missing your time with your child, the child’s other parent may petition the court to change the orders. 

So, what happens if the noncustodial parent misses visitation? The outcome could vary, depending on the frequency and other details about your family’s situation. You may need legal advice specific to your situation in addition to the tips below.

What Happens if the Noncustodial Parent Misses Access Time in Texas?

Children thrive when they have active, healthy relationships with both parents, even if the parents aren’t living together. Texas family courts realize this and so act in the best interest of the child when approving or ordering conservatorship, possession, and access time. If you’re consistently late or missing your time with your child, you could have some problems both with the child’s other parent and the courts.

A noncustodial parent missing visitation occasionally may not be a big deal, especially if you and the child’s other parent have a good co-parenting relationship that allows for a little give-and-take. But, if you’re unable to meet your assigned times with your child, then you may wish to petition the courts for a modified possession and access agreement.

Texas Family Code sets a standard possession order intended to give the parent who is not the primary conservator plenty of time with their child. However, some families may work on alternative arrangements for possession and access. These must be approved by the court to be legally enforceable, and a Texas family law judge will only do so if they believe the parents’ agreement is in the child’s best interest. Regardless of whether you have the standard possession orders or a different one, you’re expected to abide by it.

What Is Considered a Violation of a Child Possession Order in Texas?

Violating a child possession order (which is a court order, remember) is more than just being late or missing your assigned possession time. Some of the violations that could get you a penalty from the Texas family courts include:

• Being late to exchange the child
• The primary custodial parent refuses access to the other parent
• Telling the other parent that the child refuses to go with them or see them
• Relocating outside of a specific area, city, or country without the other parent’s permission
• Withholding visitation because the primary conservator parent has issues with the other child’s new partner, parents, or friends
• Changing possession days, dates, or times without the court’s permission
• Having someone else, like a new partner, pick up or drop off the child
• Declaring possession or access will end without court approval
• Enrolling a child in a new activity that interferes with the other person’s possession time
• Withholding the child from the child support-paying parent because of late or unpaid child support

Essentially, almost anything that deviates from the court’s order could be construed as violating the possession order. Parents who have a good co-parenting relationship may understand that sometimes, things come up, such as being late due to traffic in the Metroplex. Sometimes, a parent has an obligation that conflicts with parenting time.

If you and your child’s other parent have a good enough relationship to be flexible, then you may be able to work with each other while still providing your child with enough time with each parent. However, in more contentious situations, child possession could be weaponized. In these cases, a skilled Dallas family law attorney may need to step in and help you.

What if a Parent is Late for Visitation in Texas?

Being late occasionally shouldn’t be a reason to run to a judge and declare that a parent is violating a court order. However, if one parent is consistently late, you may need to involve your attorney.

If you’re the noncustodial parent and the other parent is consistently late getting your child to you, then you may need to get a judge involved so that your limited time with your child isn’t cut short. If you’re the one who has the child most of the time and the other parent is consistently late, you may worry about the message this sends your child. Consistent tardiness is a valid reason to get the courts involved. You may need to ask the court to modify the possession order.

If I Miss Possession Time with My Child, Can I Make It Up?

If you miss possession time with your child, ideally, the other parent will work with you to have the child on a different date. Otherwise, you may be able to petition the court for makeup time.

If you can’t make your scheduled possession time, you’re required to give the other parent notice. If it’s in writing, you may also request makeup possession time. However, both parents must agree to the makeup visitation. If you are not the primary conservator parent and you’re consistently missing possession and access to your child due to the other parent not making your child available, then you should talk to an attorney about your options.

Do You Need a Dallas Family Law Attorney?

Do you need help enforcing the possession and access order with your child’s other parent? Do you need help reaching a custody and access arrangement that works for everyone involved and is in your child’s best interests? The legal team at Balekian Hayes, PLLC can help with even the most contentious, complicated child custody cases. 

If you’re going through a divorce or have already separated from your child’s other parent and need help with ensuring court decrees are honored by the other parent, contact our law firm. We can offer a confidential, compassionate consultation with a skilled Dallas child custody lawyer. Call today.

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