Does the custodial parent have a right to refuse visitation during an open CPS investigation from the non-custodial parent?

Asked 9 months ago - Kermit, TX

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CPS showed up Saturday alone, did a walk through and questioned everybody due to drug allegations. Monday we went and took a UA, confident that we passed but havent heard anything since Saturday. My ex is wanting his normal weekend visitation (tomorrow) but Im not sure if that will help me or hurt me. My daughter is still in my care and I do have custody. What would be the best move for me to make when it comes to the visitation? I dont know if I have the right to refuse until the case has closed or Ive at least heard something or what? Please help!

Attorney answers (2)

  1. Licensed in TX

    Pro

    Houston Child Custody Lawyer
    Contributor Level 18

    1

    Lawyer agrees

    Answered August 21, 2012 19:29. The court's order is the court's order. It stands until modified or superceded. Neither you nor CPS can refuse to obey that order until it is modified or superceded. He gets visitation under the order at the times specified.

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you... more
  2. Licensed in TX

    San Angelo Criminal Defense Attorney
    Contributor Level 17

    Answered August 17, 2012 07:27. I am not clear on the details of your situation.

    However, most situations like this have possession and access (aka custody and visitation) court orders in place from either a divorce or a CPS court case.

    If a person denies visitation as ordered by the court they risk a charge of interference with child custody.

    So, this is one of those times when general advice is not sufficient. You need to sit down with a lawyer and discuss this situation in detail and get advice based on the details.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more

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