Can a supervised visitation agreement void if neither party has followed it the past 2 years?

Asked over 1 year ago - Spring, TX

For the past couple years , we have gone with an arrangement that I have my child for every other weekend unsupervised. Recently however, I have suspected the mother of my child (main custodial parent's) new boyfriend that just moved in with them is emotionally, psychologically, and physically abusing my child (due to found bruises, what the child claims, and arising fears and speech impediments that were never there before hand). I filed a claim with CPS and because of their visit, she is now refusing me any visitation. Since the original agreement was never followed does this void the agreement out and allow me to continue having my child every other weekend?

Attorney answers (1)

  1. Edmund Joseph Gorman

    Contributor Level 6

    Answered . No. You do not have the "right" to visitation unless it's spelled out in an order. If there is a previous custody order that does not give you visitation, you must go to court to get it changed to provide you time with your children. Nothing voids a visitation agreement except a court.

    However, the regular visits you have made will be a good basis for an argument that the children should have visitation with you because they are accustomed to it and the sudden change on the part of the children's mother is not in the children's best interest.

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