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At What Age Can a Child Refuse Visitation in Texas? In Texas, there is no age under 18 that allows for a child to refuse visitation. Visitation is the right of the parent, and it cannot be taken away by the custodial parent or child. The only option would be for the custodial parent to request a modification of orders.
Circumstances such as neglect, abuse, sexual assault, abandonment, or criminal behavior can lead to a father losing visitation rights in Texas. However, the child's best interest is paramount in any court decision.
The Standard Possession Order says that if the parents don't agree, the noncustodial parent has the right to possession of the child at the times provided for in Texas Family Code 153.3171 if the parents live within 50 miles of one another (starting with cases filed on or after September 1, 2021).
If the father has abandoned the child with the mother, a family member, or another person without providing support to the child for at least six months, their parental rights may be terminated.
Under Texas law, a parent cannot withhold possession or access to a child because the other parent hasn't paid child support. To do so would be violating a court order.
Although there is no specific duration outlined in the law, a parent's continuous absence, lack of communication, and failure to provide financial and emotional support can be considered evidence of abandonment.
In order to get a court order for child support, custody, or visitation, you will need to file a Suit Affecting the Parent-Child Relationship, or SAPCR ("sap sir").
In abandonment, which is a fault-based divorce, one spouse leaves without permission or against the wishes of the other and cuts off all communication and financial support.