In Texas, both parents have the right to spend time with their child. Non-custodial parents, those with whom the child does not live the majority of the time, have their visitation schedule assigned by the court. Visitation for non-custodial parents is vital for the child, offering stability and a chance to build and/or maintain a relationship.
What happens if the non-custodial parent misses visitation appointments? Occasionally, your coparent may have to miss or reschedule visitation due to unforeseen circumstances, and this is understandable. But if this becomes a persistent problem, it must be addressed.
Learn more about whether the court penalizes missed visitations, if these instances need to be documented, and if making up missed parenting time is possible.
Common Scenarios of Missed or Late Visitation
Being a bit late for a visitation can happen, and it’s not something that should cause much alarm — unless it becomes a chronic or excessive issue. What does this look like? How late can a parent be to pick up children?
Often, the visitation order will outline parameters regarding punctuality for pickups and drop-offs; however, if it doesn’t, it’s essential to speak with the other parent to establish reasonable expectations. Being a few minutes late should not be problematic, but if the coparent is an hour or more late, that could significantly impact your life as well as your child’s.
What happens if a parent doesn’t show up for visitation at all? This is all too common, and it can severely impact your child’s mental health. This should not occur unless there’s an emergency. If a pattern of missed visitations forms, it may be time to get the courts involved.
Legal Consequences of Not Following a Parenting Plan
It’s important to understand that the visitation schedule is a court order. The consequences of not following parenting plans can be significant, including a modification of the order that could reduce the other parent’s access to the child. Texas courts won’t usually find the non-custodial parent in contempt of court, but future custody arrangements may be tougher for that parent.
Can Missed Parenting Time Be Made Up?
Some visitation arrangements include provisions to allow the non-custodial parent to make up any time they missed with their child. The custodial parent can work with the other parent to create a make-up visitation schedule. If the custodial parent does not agree to this voluntarily, the non-custodial parent may have to petition the court for makeup visitation time.
When deciding whether or not to grant the petition for makeup visitation time, the court will consider the best interests of the child. In some instances, it might be too disruptive for the child to make up the missed visitation time, particularly if it is significant.
How to Document Missed Visitation
What happens if a parent misses visitation? It’s important to keep thorough records of each time the non-custodial parent misses a visitation appointment. Keep a record of the dates when a parent was a no-show, and whether or not you received any type of communication before or after. Even if your coparent did let you know that they would not be able to attend the visitation, having a record makes it easier to make up the time later.
Was the non-custodial parent late picking up the children from your home? Write down exactly how late they were and the reason they gave you. If you choose to pursue custody modifications, you will need to have evidence of the issues you have had with the other parent.
Impact on Custody and Support Orders
If the non-custodial parent is consistently late or doesn’t show up for visitations at all, you can ask the court for a modification of the custody orders. This change does not affect child support orders. They must continue to pay support on time.
In extreme cases, you may want to seek sole custody of the child. Typically, this is an option only if the visitation issues are particularly egregious and are affecting your child significantly.
What Custodial Parents Should Do
If you’re struggling with the non-custodial parent, it’s vital that you remain calm and don’t try to prevent them from seeing their child. You may wish to punish the other parent for missing visitations and upsetting your child, but this is not a good idea. And, it can get you in trouble with the court.
Speak with your child and try to explain what’s happening in age-appropriate terms. Don’t blame the other parent or say anything disparaging. Instead, focus on encouraging your child and soothing them if they’re upset.
If the problem becomes a pattern, speak with a child custody attorney about it. With legal assistance, you can petition the court and make changes to custody arrangements.
FAQs About Missing Child Visitations
Get more answers to your questions.
How Late Can a Parent Be to Pick Up a Child?
There’s no set rule or limit on lateness when it comes to picking up a child. You would certainly not want the co-parent’s tardiness to disrupt the child’s routine, particularly for a young child.
If your co-parent has let you know in advance that they will be late, and it is not a frequent occurrence, you may want to forgive the lapse. Look at the court order that outlines the visitation schedules. That usually has a clear cutoff for lateness.
Can Medical or Personal Emergencies Excuse Missed Visitation?
Yes, emergencies can excuse missed visitations. It’s always best if the non-custodial parent lets you know what the problem is as soon as possible.
Does Missing Visitation Impact Child Support?
No. The non-custodial parent has to continue paying the court-ordered child support regardless of whether they missed visitations.
A Family Law Attorney Can Help With Chronic Visitation Issues
As frustrating as missed visitations can be for you, they hurt your child most of all. If these issues have become persistent, it’s time to speak with a child custody lawyer.
At Mims Ballew Hollingsworth, we provide the support you need during these difficult times. Contact us to schedule a consultation.
