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Can I ask the Court for make-up Summer visitations that were lost to refusal, but I have no documented proof they were refused?

San Antonio, TX |

However, I DO have plenty of documented (via certified letters of intent, email, visitation attempts with witnesses, visitation logs, etc...) evidence of other refused visits both before and after the summer visits were refused. Also, this includes a continuous string of documented refusals covering the last three months.

Attorney Answers 2

Posted

For the future, document refused visitations with the local police department. But yes, you can file a request with the court for make up visitations and perhaps a Motion to Enforce visitations and hold the other parent in contempt of court. Perhaps consider a change in custody and possession? I would speak to a family law attorney about your case.

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Posted

I have actually already filed a Motion to Enforce and have a court date already...just wasn't sure if I could ask for those dates I had no proof for. I also used the local police department on a number of my attempts. Thanks!

Posted

I agree with the San Antonio attorney (a family law attorney) about proceeding and asking the court to modify the visitation to allow some make ups or to compel enforcment with the current visitation order. But as she mentioned in the future you should try to document the missed/disallowed visitation in case you're put in that same position down the road.

This answer is for informational purposes only and may not be relied upon as legal advice.

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