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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
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
