Legal Question in Family Law in Texas
Can a custodial parent deny visitation of a child for personal reasons? The non-custodial parent is behind on child support payments, but is now working and they are garnishing his wages. Also, is it considered verbal, mental and emotional abuse if the custodial parent is telling the child that they are no longer loved by the father because he has a new wife or girlfriend? The child is 6 years old.
1 Answer from Attorneys
If a custodial parent denies visitation it is a violation of the court order, and the NCP can file to enforce the order. The CP risks being found in contempt. If the current order has language regarding disparaging remarks (fairly standard language) then the parent can also file to enforce this provision. If the order does not have such language, it can be modified to include it. If these are both ongoing issues, the NCP may have sufficient grounds to petition the court for a modification of possession and access.