The Texas Family Code provides holiday possession for most court orders involving minor children in Texas. It’s important that plans are communicated clearly, and well before exercising that holiday possession, so that any issues or questions can be worked out before the pick up and drop off dates for that holiday possession.
Texas law provides a remedy to the withholding of a child for the court ordered holiday possession in the form of emergency hearings, injunctions for compliance, and both civil and criminal penalties for the unjustified withholding of a child for court ordered visitation.
Texas Courts also provide a remedy for the concerns a parent may have about the other parent in terms of substance abuse, danger to the child, or any other serious concern a parent has that affects the health and safety of the child. These concerns must be backed up by evidence. The burden will be on the parent withholding the child as to why the court order was not complied with for reasons of safety to the child. A doctor’s notice, hair follicle tests for substance abuse, or recent evidence of danger are necessary in defending these claims.
For more information on rights and solutions as to holiday possession and access concerns, call The Barrera Law Firm at 956-428-2822 to speak with an attorney in a free consultation as to the retaining of an attorney to help. Reach us online by filling out our contact form and one of our representatives will get in touch.