Houston
Child Access
Enforcement
Attorney

steps to take before going to
court For Enforcement Action

If you are being refused access to your child, then you will understandably be feeling a lot of frustration. Sometimes a court order is necessary to protect your rights as well as your child.

However, before you involve the court, parents are required to try to resolve their differences outside of court.

At Skillern Firm Divorce & Child Custody Lawyers, our family law attorneys are skilled mediators.

We will help you resolve the differences you and your ex-spouse have in a healthy and productive way.

Hopefully, this will result in you having full access to your children again and an improved relationship between you and your child’s custodian.

However, if the other party refuses to cooperate then, we will help you proceed with court action.

Child Custody and Visitation Modification

If an agreement cannot be reached, or if the visitation is being denied because the agreement you have doesn’t easily fit in with your child’s schedule, then you may choose to file for a modification.

A modification changes a court order; however, in order to be successful, you will need to prove that there has been a substantial change in circumstances and that the modification is in your child’s best interests.

How to Evidence Your Claims to the Court

If you do decide to continue with court action for child access enforcement, then you will need to prove that visitation has been denied. In order to do that, you will need substantial evidence.

It is a good idea to keep an accurate journal regarding when visitation is denied. If there is a reason given for denying visitation, then you should also keep a note of this.

If your child’s custodial parent notify you electronically or by phone that you will be denied access, then this may not be sufficient if you do not physically try. However, it is a good idea to keep a record of all texts and calls relating to refusing access to your child.

You should go physically to the appointed place to pick up your child at the exact time ordered by the court. If you do, and you are refused access to your child, then this is a clear refusal of a court order. If possible, you should take someone with you who can then act as a witness and may testify in court if necessary. Try to ensure the witness is an impartial party and not a new spouse.

If you are supposed to be meeting your child at a commercial business such as a restaurant, then you should also keep receipts to prove that you were there.

If you are denied access to your child when you arrive, then you should avoid contributing to conflict. Instead, leave and make a record of the denial. Before the next date, when you are supposed to be with your child, contact them and see if you can pick up your child at a place other than their homes, such as a grandparent’s home or a friendly place of business.

Your journal should include:

• Dates and times of denial
• Any reason was given for the denial
• What occurred, i.e., the door wasn’t answered, or you were told to go away
• Names of any witnesses to the denial

Do I Have to Physically Try and Pick Up My Child if I Am Told Visitation Will be Denied?

Yes, you will be unable to claim that you were denied visitation unless you appear in person as per the court order. This is the case even if the other parent has told you that your child will not be there or you will not be granted access to them.

What to Do in High-Conflict Situations

If there are a lot of arguments or there has been any physical violence, then it is important you take steps to protect your children. We can help you file a protection order to keep your ex-spouse away from you and your child if necessary.

Depending on the circumstances, the court may order for the children to be exchanged at a neutral site, and visitation may need to be supervised. One or both spouses may have to cover the cost of this.

The Benefits of Using a Houston Child Access Enforcement Attorney From Skillern Firm Divorce & Child Custody Lawyers

Family law matters that involve children always involve a lot of emotion. It can be incredibly stressful and upsetting to be denied access to your children, but it is important that you tread carefully in order to protect important relationships and, ultimately, your children.

Having the right attorney can make a world of difference. When you have an attorney by your side who takes a compassionate approach and truly has your best interest at heart, you may be able to achieve things that have seemed impossible.

At Skillern Firm Divorce & Child Custody Lawyers, some of the traits that we pride ourselves on include:

We Prioritize Mediation, But Are Also Skilled Litigators

If you have been denied access to your child, then your initial reaction could be to push forward with court action. However, many couples are surprised by what they can achieve with our help.

That being said, where mediation fails, we will be prepared to protect your rights by going through the court process.

Experienced Representation

At Skillern Firm Divorce & Child Custody Lawyers, we have a long list of happy clients behind us, and this experience means that we are prepared to handle whatever your case throws at us. We are dedicated to family law in the Greater Houston Area, which means that we help people like you every single day.

We have a team of family law attorneys with a broad range of skills and experiences. We will assign the person best suited to your case; this ensures that your attorney will be able to handle the complexities of your case with a professional and compassionate approach.

Personalized Approach

We take the time to understand the specifics of your case and what’s important to you so that we can tailor our service. We truly care about your future and are available for a sympathetic ear when you need it.