If your ex denies you visitation and you want to take legal action to correct the situation, there are steps to follow for preserving evidence. First of all, consult with a family law attorney.
Texaslawhelp.org answers the question “What counts as a denial of visitation?” Documenting and gathering proof is vital when taking legal action to enforce your right to visitation. All too often the “he said, she said” type of testimony won’t get the result you want.
You have to physically appear in person at the pick-up location listed in your order. Even when your ex says ahead of time that he or she won’t allow you to have visitation, you must show up. So, whether you go to the house, knock and no one answers or arrive at school and your child has already been picked up, you must go to the location.
You are wise to bring another person with you who can act as a witness and testify on your behalf regarding the fact that visitation was denied. If that’s not possible, you can go to a nearby store and purchase something with a time stamp on the receipt that shows you were in the vicinity. The police may also be willing to file a report for you.
In addition, make sure you’re following the court ordered visitation calendar and appearing at the exact date and time for the scheduled visitation. If you’re supposed to pick up your child at a residence, knock on the door, wait and then knock again. You want to be sure no one can say you didn’t make your arrival known.
Keep a journal with the dates and times you attempted to pick up your child. Write down the names of witnesses, receipts and other documentation you’re using as evidence.
Follow closely what your attorney tells you to do. C.E. Borman & Associates has successfully obtained enforcement of court orders and can give you legal guidance that is vital for winning your case.