The process of divorce has an impact on everyone involved, including the minor children. Unfortunately, the impact of a divorce doesn’t always end when the divorce is finalized. On the contrary, the impact of a divorce often continues to be felt years after the actual divorce. Issues relating to the minor children are often the cause of continued disagreements between the couple post-divorce. What can you do, for example, if you are a divorced father and your ex won’t let you see the kids? Keep in mind that every situation is unique; however, a Fort Worth father’s rights attorney explains your options when an ex won’t let you see your kids.
The Divorce Process
During the divorce process, the parents of a minor child are requirement to create and submit a Parenting Plan to the court. The Parenting Plan can be looked at as a roadmap for parenting the child post-divorce. Typically, a Parenting Plan will set forth decisions relating to conservatorship as well as possession and access for the minor child, child support, and medical insurance, and will include conflict resolution plans for after the divorce is final. Once the court approves a Parenting Plan, the terms of the plan effectively become orders of the court. As such, both parents are legally required to follow the terms of the Parenting Plan or face potential court sanctions.
Possession and Access
In the State of Texas, “possession and access” refers to the time each parent spends with a child. The Parenting Plan you submitted to the court should include a very detailed possession and access schedule. Ideally, the parents adhere to that schedule without any problems post-divorce. Sometimes, however, problems do arise. When the desire to deviate from the schedule is temporary and/or minor, the parties can usually work out the issue without the need to return to court. If, however, the problem is ongoing and is interfering with the parent-child relationship, it may require a return to court to resolve.
One common reason why a parent refuses to allow parenting time is non-payment of child support. All too often, the parent who is entitled to receive child support with attempt to withhold parenting time from the parent who is ordered to pay support if those support payments are in arrears. The law, however, does not allow this. The law views the two issues – child support and parenting time – as completely separate issues. Consequently, if your ex is keeping you from spending time with your kids because you are behind in your child support, your ex is violating a court order. Your failure to pay child support is also a violation of court order; however, the two are not related. Your ex cannot legally prevent you from spending time with your children if the divorce decree has granted you time with them.
The same applies to just about any other reason your ex may be giving you for his/her refusal to allow you time with your children. Unless and until the court changes the terms of your divorce decree, you are entitled to the time allotted in that decree with your children.
How Can a Fort Worth Father’s Rights Lawyer Help?
If you have additional questions or concerns about your rights to possession and access of your minor children post-divorce in Texas, contact an experienced Fort Worth father’s rights lawyer at The Law Office of Jon R. Boyd to schedule your appointment today.
