Child Custody - Exercising Your Parenting Rights

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One of the most disheartening circumstances a family attorney is asked to assist a client with is

when one parent is denying the other parent time with a child. Oftentimes this circumstance

arises when one parent has determined that simply

because the other parent was not a good domestic

partner, that also equates to that person not being a

good parent. Or even more disheartening, when one

parent is still perhaps hurting from the breakup of a

relationship, they spend years using a child to punish

the other parent. Such behavior is not only harmful to

children, but is oftentimes blatantly in contempt of an

existing court ordered parenting plan.

Another common frustration expressed by a parent is that “I pay child support, but I cannot see my

child.” Each parent must understand that not receiving child support is not a reason for

preventing the other parent from seeing a child. Also, if a parent is denying the other parent

possession and access to a child after the court has ordered a parenting plan, there are very

serious consequences, including a fine of up to $500 for each violation and/or 6 months of jail

time for the parent that is in contempt of an existing court order. And, yes, family law judges

have and will order jail time for moms or dads who refuse to comply with existing court orders

without a justifiable reason.

E X E R C I S I N G y o u r P A R E N T I N G r i g h t s

Special Points of Interest:

Material and substantial change

Change in residence or military status

Domestic violence, child abuse or drug use

Voluntary relinquishment of primary care

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M O D I F I C A T I O N S P a r e n t i n g p l a n s

Having a healthy relationships with both

parents is essential to every child’s wellbeing.

If you are being denied access to

your child in violation of a court

order, you should immediately

contact an experienced family

law attorney. If a non-parent

person has taken possession of

your child without a court

order, you can petition the court

for a writ of habeas corpus.

Additionally, if you currently

have possession and access to

your child less than 50% of the

time, and the other parent will

not agree to you having

additional time, you may want

to consider petitioning the court

for a modification of your

current parenting plan.

Evelyn L. Gordon, J.D.

Law Office of Evelyn L. Gordon

(713) 231-7905

www.egordonlaw.com

egordon@egordonlaw.com

Free Consultations Available

E n f o r c e m e n t o f P A R E N T I N G P L A N S

Possession and Access Options:

Standard Possession Order

Expanded Standard Possession Order

50/50 Parenting Plan

Week-On/Week-Off Parenting Plan

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