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lucky007 · Jul 14, 2009, 08:27 AM

I have a court order for standard visitation of my son. His mom has decided that I can't come pick him up for visitation. She is now saying that she is going to have my rights taken away from me. We live in Texas. I want to know what can I still pick up my son for visitation and what I need to do to assure that there are no problems when I go pick him up. Also can she just take my rights away from me? What do I need to do to protect my rights and assure my visitation rights.

Dimples26 · Jul 14, 2009, 08:34 AM

If it is court ordered, and she doesn't allow you to see him, then she is in contempt of court. I would show up at her residence at the scheduled time with the court order. If she doesn't allow you to see him, then call the police with your court order in hand. If the police can't help at least get some type of police report, and then get a lawyer and take her for contempt of court. If you are legally entitled to visitation, then she can't with hold you from visitation unless she gets a custody modification approved. Also, you would have to give up your rights as a parent, she can't just take them away, at least that's how it is in Pennsylvania.

lucky007 · Jul 14, 2009, 08:40 AM

Thanks that makes feel somewhat better. I think that I should show up with someone else so that she can't say something that is not true.

stinawords · Jul 14, 2009, 08:41 AM

She can't just take your rights away it is much more complicated than that and rarely happens. You are entitled to the visitation the judge ordered so if you do not get that then you take her to court for contempt.

stevetcg · Jul 14, 2009, 09:46 AM

It actually goes further than that... if she denies your court ordered visitation, it can actually be grounds for her to lose custody to you if you wanted to pursue that.

As for her taking your rights away... they aren't hers to take. About the only way it will happen is if she remarries, her husband wants to adopt the child AND YOU ALLOW IT.

Other than that, unless you are smoking crack with your child in a school yard, the chances of her getting your rights removed are next to zero.

ScottGem · Jul 14, 2009, 10:22 AM

Only a court can terminate a parent's rights. There are generally two ways that a court will do so. One is the clear the way for an adoption which would require you to agree to the TPR. The other is she can prove you are a danger to the child.

So, you can rest your mind about that. If the court ordered visitation, then its unlikley they will find you a danger.

As noted, she has no right to withhold your court ordered visitation. When the next scheduled visitation is due, call her and tell her you on your way. Check with the police if they will send someone with you, you can pick the person up on the way. If not, see if you can hire a PI for an hour or so, you don't want a biased witness.

If she again refuses to turn over the child, then file immediately in the court that issued the order for contempt of court.

lucky007 · Jul 14, 2009, 10:40 AM

I appericate all of your help, and it is helping.