What happens if ex-spouses can't agree on visitation?

In regard to post-divorce agreements between ex-spouses with children, Texas courts require that all actions taken are in the child’s best interests. It can often be in everyone's best interests if parents are cooperative in deciding child custody issues. As such, a judge may determine that the non-custodial parent should receive what is called "reasonable visitation."

What constitutes reasonable visitation can often be best decided by the parents rather than the court. Parents are likely better able to create a visitation schedule that makes allowance for the personal schedules of all who are involved.

This sort of cooperative effort is the ideal, but what happens if a custodial parent will not act reasonably in the crafting of a visitation plan?

This can be problematic because the custodial parent typically wields more power in regard to determining what constitutes reasonable visitation. In fact, a custodial parent is not bound by any legal duty to find agreement with any visitation proposal.

Should a custodial parent choose to act out in a vindictive or malicious manner and not work toward what could be considered a reasonable schedule, the non-custodial parent may be able to seek a better outcome through the court.

If you are a non-custodial parent in such a situation, you can inform the judge that you and your former spouse are not capable of reaching a reasonable consensus regarding visitation. You can then express insistence for a fixed visitation plan. Also, if you have a reasonable visitation schedule that is not meeting its intended purpose, you can request of the court a change of terms.

Children are often best served by having both parents in their lives, and parents would do well to work together to make that happen. But if you are having trouble seeing your children because your ex-spouse will not act in a manner that allows for you to have proper visitation, then a Texas attorney may be able to help. The attorney could help you express your needs and the needs of your children as you petition the court for a fair and reasonable visitation plan.

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