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Is there a use it or lose it policy or law regarding child visitation by the non custodial parent in texas

Houston, TX |

My wifes ex is susposed to get his son for extended visitation for the whole month of july unless specifies another time in writting by april 30th. If he doesnt show up on the 1st of july for the visitation period and doesnt communicate to us any other intentions for visitation does he forfeit the visitation period? Is there any law regarding how late one can be to pick up a child before he forfeits his visit?

Attorney Answers 2


  1. There is no specific law about this, instead it would be governed by the actual court order that you have. Does that say anything about this issue? If not, then you would be 'reasonable'. I would think that after a few days you could assume he was waiving his whole July visitation. Certainly by today (the 17th) you could do so.

    This information is not legal advice and does not form an attorney-client relationship.


  2. To add to the other attorney's comment, have you considered calling him. Perhaps he is ill.

    Does he communicate regularly? Is this unusual? Is his lack of communication normal? Does his "disappear" for long periods of time?

    To answer your question, I would need more information.

    If he never shows up for visits and never communications, then go on with your life. Carefully document everything and keep it all in a safe place.

    If this is unusual, then I would be the "civil" thing and contact him and find out if he is ok. I would ask him if he would like some "make-up" time. Again, I would document everything that you do.

    How is the child doing? I would be concerned for the child's well being. When all is said and done, I would do whatever is right for the child. The parents should always put the child's needs and desires ahead of their own. They should attempt to co-parent and work together for their child's best interests.

    I hope this helps.

    Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal information. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific problem.

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