question for the lawyers

[jk the sooner fan]

does a divorce decree entitle a non custodial parent to visitation, or does it mandate visitation?

[TexasLidig8r]

At least in Texas, standard visitation entitles a non-custodial parent to have access to his/her children during this time. Many times the decree is very specific as to where the kids are to be dropped off and picked up.

If a custodial parent denies visitation during these times to the non-custodial parent, the custodial parent could face contempt of court charges (for disobeying an order of the court).

[jk the sooner fan]

but if the non custodial parent does not use that visitation time, that inst punitive in any way is it?

[frankensooner]

Do you mean if the non-custodial parent doesn't use the time? They don't get make up unless agreed to by the parties. If the custodial parent refuses to allow this make up, the non-custodial parent is sol. In Oklahoma, the Standard Visitation Schedule is generally attached to the decree.

[jk the sooner fan]

no, thats not what i mean

but i think i have the answer

thanks

[TUSooner]

no, thats not what i mean

but i think i have the answer

thanks
I took you to mean, "Is the non-custodial parent compelled to visit?"

I'd think not - as long as he or she pays any requisite support.
But I'd like to know what the law of your jurisdictin says.

[jk the sooner fan]

thats what i was asking

the support payments are being made

thanks

[Uncle Rico]

in a divorce with children a visitation order will be determined with the decree...a visitation agreement can be made b/t the parties or the statutory visitation schedule can be followed....or if one of the parents is a tool then there can be a monitored visitation order. not following the visitation order is something that could be used to modify a custody order if a party is acting badly but just not using your visitation days does not allow them to accumulate. they are just lost....if that is what is meant.

[jk the sooner fan]

the situation is NOTHING like that, but thanks

[Uncle Rico]

just re-reading your question....entitle.

[TexasLidig8r]

The language in the standard visitation order is as follows:


§ 153.312. Parents Who Reside 100 Miles or Less Apart.
(a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows:
(1) on weekends beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday or, at the possessory conservator's election made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, beginning at the time the child's school is regularly dismissed and ending at 6 p.m. on the following Sunday; and [emphasis added]

So, the non-custodial has the right to exercise visitation during those time periods ordered by the court but, cannot be held in contempt or required to utilize those periods.

[jk the sooner fan]

The language in the standard visitation order is as follows:


§ 153.312. Parents Who Reside 100 Miles or Less Apart.
(a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows:
(1) on weekends beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday or, at the possessory conservator's election made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, beginning at the time the child's school is regularly dismissed and ending at 6 p.m. on the following Sunday; and [emphasis added]

So, the non-custodial has the right to exercise visitation during those time periods ordered by the court but, cannot be held in contempt or required to utilize those periods.

this is what i needed

thank you