Although the holidays are typically associated with celebrations and joyousness, some Texas residents may find it a taxing time. There can be several reasons for this, one of which may be parents struggling with ex-spouses who fail to comply with parenting and visitation schedules during this time. Child custody, parenting rights and, in some cases, even child support may be jeopardized by parents who deny or interfere with duly established parenting time.
In a recent ruling in another state, a court ordered that a mother who repeatedly prevented the father of her son from seeing the boy should no longer receive the obligated child support. The court determined that mother habitually interfered with the father's schedule of parenting time. The mother reportedly went as far as admitting that she would do everything in her power to prevent the boy from seeing his father.
Parents who are denied their fair share of time with their children may find comfort in knowing that action may be taken. Courts typically treat child support and visitation or parenting time as two separate issues since the withholding of child support could be detrimental to the welfare of the children. There is, however, increased awareness by courts about the importance of continuing parental relationships with children beyond a divorce.
Regardless of whether a Texas parent has child custody, court-ordered parenting plans must be followed. Deviation -- especially over the holidays -- affect the lives of the parents and can also cause anxiety and trauma for the children involved. Consulting with an experienced child custody attorney may be beneficial. A lawyer can examine the circumstances and allegations and help pursue remedies. If mutual agreements cannot be reached through direct communication or mediation, the courts are prepared to decide ongoing issues in the best interests of the children.
Source: kare11.com, "Family law trends you need to know before you divorce", Diana Pierce, Nov. 23, 2015