If a divorce decree says that both parents have to provide a separate room for the child but the child doesn’t have it with 1 of the parents, is it legal for the other parent to keep the child from the offending parent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a divorce decree says that both parents have to provide a separate room for the child but the child doesn’t have it with 1 of the parents, is it legal for the other parent to keep the child from the offending parent?
At least until there is proof of a separate room?
Asked on November 29, 2012 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Each component of a divorce decree is an enforceable right via a motion to enforce. However, these components are not contingent on one another. For example, if the other parent quit paying child support, the other parent could not withhold visitation. The remedy, instead, would be for the spouse to file a motion to enforce in the court. Similarly, if the other parent is not providing adequate housing, the remedy is to file a motion to modify or a combo motion to enforce or modify.
The exception to this rule is if your final decree specifically provides that you can withhold visitation because of the room situation. Withholding visitation without the court's approval can result in a counter-motion for enforcement and/or contempt. Interfering with child custody agreements is also a felony offense in Texas. So, your better option is to file a motion to enforce/modify to resolve the situation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.