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Every Weekend Visitation

Dallas, TX |

If the custodial parent request the non custodial parent to get the children every weekend. can the non custodial parent deny?

Attorney Answers 3

Posted

Yes if you choose not to. You are under no obligation. Even thought the non-custodial parent has 1st, 3rd, and 5th weekends, they do not have to exercise that visitation.
The problem is that is you never exercise your visitation, the custodial parent mikght be able to get additional support because of the additional time they are having to care fo the child.

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Posted

Yes. Most decrees provide for visitation by mutual agreement, and absent mutual agreement, then standard possession. Standard possession is 1st, 3rd and 5th weekends, holidays and summer. If the noncustodial parent chooses not to exercise possession in excess of this, then there is no obligation to do so.

If the noncustodial parent regularly cares for the children above and beyond the standard possession, it may justify a downward deviation from the child support guidelines.

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Posted

There are no visitation police. The Non-Custodial Parent (NCP) can have the children anytime the parties agree, at least the times listed in the order, or less, up to not at all, if the NCP chooses. The more the NCP has the kids, the easier a change in custody later might be. Not doing at least what is in the order may increase child support.

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