When you have a Texas child custody agreement in place, your child’s other parent has a legal obligation to comply with the agreement and follow its terms. If your son or daughter’s other parent fails to bring your shared child to you at the agreed-upon time or otherwise fails to abide by the terms of your child custody agreement, you may have legal recourse.
Per Texas Access, when your child’s mother or father fails to appear with your child when it is your turn to spend time with him or her, you need to take certain steps to help advocate for and protect your rights. In this situation, be sure to do the following.
Show up on time and show proof of it
Punctuality matters when it comes to child custody cases, so make sure you show up to your agreed-upon location exactly when you should. Then, knock on the door, and if no one answers, knock again to be sure to make your presence known. If there is still no answer, consider taking a time-stamped photo to prove you were there, or consider taking a witness with you to back up your claim.
Make note of what happened in a visitation journal
If your child’s other parent never comes to the door or otherwise allows your planned visitation to move forward, make note of this in a visitation journal. Include as much information as possible about when you showed up, what you did upon arriving and so on. If you had a witness with you, include his or her contact information in the visitation journal.
Taking the proper steps when your child’s other parent denies you visitation may go a long way in terms of helping you plead your case, should you wind up in court.