As a family law lawyer, I often get asked about when it is appropriate for a conservator to enforce a possession and access order. If you find yourself in this situation, I want to provide some helpful information and guidance.

A possession and access order, also known as a visitation order, is a court-ordered agreement that outlines the specific times and conditions for a noncustodial parent to spend time with their child. This order is put in place to ensure that the best interests of the child are protected and that both parents have the opportunity to maintain a meaningful and consistent relationship with their child.

So, when should a conservator enforce a possession and access order? The short answer is whenever the other parent is not complying with the order. If you have been granted specific visitation rights and the other parent is consistently denying or obstructing your time with your child, it may be necessary to act and enforce the order.

Here are some situations where you may need to enforce a possession and access order:

1. Denial of visitation: If the other parent is consistently preventing you from spending time with your child as outlined in the order, it is essential to act. Document each instance of denial and gather any evidence, such as text messages or emails, which can support your case. Check out our Custody Journal template available at https://howtotexas.legal that will help you to track and log your pickup and exchanges with the other parent.

2. Communication issues: If the other parent is refusing to communicate and coordinate with you regarding visitation schedules, it can create unnecessary conflict and disrupt the established arrangement. In such cases, it may be necessary to seek legal intervention and enforce the order.

3. Interference with the child’s activities: If the other parent consistently schedules activities or events during your allotted visitation time without your knowledge or consent, it can disrupt your relationship with your child. Enforcing the possession and access order can help protect your rights and ensure the order is followed.

Enforcing a possession and access order can be a complex process, and it is crucial to seek legal advice from a family law attorney, as applicable, who specializes in child custody matters. They can guide you through the necessary steps and represent your best interests in court if needed.

Remember, the well-being of your child should always be your top priority. It is essential to maintain open lines of communication, work collaboratively with the other parent whenever possible, and seek resolution through mediation or alternative dispute resolution methods before pursuing enforcement actions. Read our previous blog on how to Co-Parent and Remain Friends.

In conclusion, as a conservator, it is your right to enforce a possession and access order if the other parent is not complying with its terms. Consult with an experienced family law attorney to ensure your rights are protected, and your child’s best interests are upheld.