Houston, TX asked in Family Law, Child Custody and Child Support for Texas

Q: Ncp has not followed court order since 2020 currently wants to follow the order. We start from the beginning of order

Non-custodial parent has been absent from child’s life since the child was six months old has a past with family, violence, harassment drugs, alcohol, etc what can managing conservator due as far as denying visitation due to social media pictures of non-custodial parent doing drugs while stepchild is in arms he has supervised visitation for starting this Saturday each month for 12 consecutive visits and then 12 unsupervised four hour visits, 12 consecutive visits and so forth until we reach the standard possession order must complete each phase before going to the next one. What options does the custodial parent have as far as always having to compromise with the non-custodial parent rescheduling the visitation days ordered to be done because the fiancé has plans that interfere with the visitation days where she cannot be a part of it so he does not wanna be a part of visitation days. Also can the custodial parent ask for his other family and children not to be at visitation

1 Lawyer Answer

A: Your custody order should specify what days the non-custodial parent is entitled to visitation. While it is considered good parenting to mutually agree on alternate dates if there is something that interferes with a noncustodial parent’s specified days, in the absence of such an agreement, the custodial parent can insist that the noncustodial parent use the specified days.

In the absence of an agreement or court order to the contrary, the noncustodial parent has control over who else gets to see the child during their possession time just like the custodial parent has during their time. If there is some legitimate reason for not allowing the child to be around specific other people, either parent can ask the court to enjoin the other parent from bringing those specific people around the child. What constitutes a legitimate reason is fact specific.

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