The cookie is used to store the user consent for the cookies in the category "Analytics". If the non-custodial parent is not willing to work with the custodial parent, then it may be best to consider other options, such as giving the child up for adoption. Wheeler, 253 GA 649 (1984) found that a child aged 14 and older has the right to choose not to visit the non-custodial parent. The Court may work with both parents to agree about primary physical custody and a visitation schedule with the non-custodial parent. The parent with legal custody of the children does not have the right to keep the other parent out of the loop or from learning information pertaining to the child. At what age can a child choose not to visit the non custodial parent in Texas? This includes: A person who has had actual care, control, and possession of the child for at least six months A man alleging paternity of the child A person who resided with the child and a recently deceased parent A foster parent In most cases, parents are eventually able to agree, whether it is through the help of their attorneys or a trained mediator. Wife left in February to live with boyfriend and left our 12 yr child with me. The obligation to pay child support is completely independent of your visitation and possession rights as the noncustodial parent. What are 2 negative effects of using oil on the environment? By contacting a child custody attorney, non-custodial parents can learn about their child visitation rights and legal options they have to exercise the rights. To hold the responsible party accountable, family counseling should be mandatory and paid for by them. In extreme circumstances, one final tactic would be for the custodial parent to request that the child be appointed his or her own attorney. They are also allowed to participate in meetings concerning the child and to speak with teachers and educators. In addition, a court may vacate an existing child custody or visitation order if it is found that continuing to enforce the order would not be in the best interests of the child. How do step-parent rights in joint custody work in Texas? Just because one parent has sole custody, either in terms of decision-making or physical possession, it does not mean that they do not have to respect the other parents rights. If a non-custodial parent does not exercise his or her visitation rights, the consequences can be significant. Talk to them about why they wont join the tour (if safety is a concern, consult your lawyer for legal guidance). The parent may be ordered to pay the expenses of child care needed for the time he or she should have had the child. The custodial parent can file a motion to modify child custody and parenting time. Analytical cookies are used to understand how visitors interact with the website. The details of each particular divorce notwithstanding, the starkest contrast between each parent is in regard to which parent is able to determine the primary residence of the child. The petition that established visitations is a legal court order. Family law judges generally do not tolerate such interference if it is serious and continuing. If they are rational and willing to listen, you may be able to come to some sort of agreement. Ultimately, it is important for both the parent and the child to have a regular, consistent visitation schedule in order to maintain a healthy relationship. The visitation lasts from 6pm on Friday to 6pm on Sunday. If the non-custodial parent is frequently late, it can cause tension and conflict between the parents. I filed for divorce and was awarded joint custody with me being custodial parent and her non custodial parent. Common Law Marriage in Texas The thought of a non-custodial parent taking a child during a visitation can be a scary one. How to avoid contempt when a child refuses to visit with a parent? However, if the non-custodial parent routinely misses visitation, the parent with primary custody could petition the court to modify the visitation agreementbut limiting visitation may do more harm than good. Texas Family Code, Chapter 153 90% of custody agreements are made without the need for a court ruling. The custodial and non-custodial parents are welcome to sit down and figure out for themselves, what are reasonable visitation rights that work for both parties. But this does not mean that the non-custodial parent will not have the right to spend time with the child. Fathers Rights Once you have a handle on your emotions, try to reason with the other parent. When a parent is inconsistent in exercising visitation, it may be appropriate to seek a modification of the . We discuss this option in our next article. Examples of evidence that might convince a judge to limit visitation include: Witnesses who have seen the non-custodial parent, or a member of the non-custodial parent's household, abuse the child. In some cases, the custodial parent may be able to seek a modification of the visitation schedule, or even a change in custody, if the non-custodial parent consistently fails to exercise visitation. In addition, the custodial parent must confer with the noncustodial parent in making decisions to the fullest extent practicable. A fine may be assessed and child support might be increased. When a non-custodial parent is unable to attend visitation and desires to make up those visits at a later time, it is possible for them to receive authorization from the court in order to do so. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Courts have many reasons to be reluctant to impose a duty of visitation upon a recalcitrant parent; so courts typically will not.. The judge will always consider what is in the best interest of the child. Non-custodial parents in Texas can open a case regarding their child by calling 800-252-8014 and requesting an application. The courts are willing to work with these parents to create a schedule that works for both parents and the child. If a non-custodial parent is not exercising his or her visitation rights, it is important to take action to ensure that the child still has a meaningful relationship with that parent. You also have the option to opt-out of these cookies. Grandparents, Visitation In General YES Grandparents, After Death Of Parent YES In addition, many primary parents were forced to work long shifts on the front lines (doctors, nurses, first responders, etc.) In some cases, a court may take away your access to the children when it believes that visitation is not in the best interest of the children. A non-residential parent is typically allowed to exercise their visitation rights based on a set schedule that has been agreed upon by the parents. Parents might be able to speak with the noncustodial parent about their concerns and try to encourage them to exercise their visitation as scheduled. If the non-custodial parent does not object to the move, the parents need to file a document with the court stating they both agree to move the child and outlining how visitation will be conducted. In addition to this, Janet McCullar is a published author and public speaker who frequently discusses topics related to divorce and the custody of children. Your email address will not be published. Learn More: How do I get custody of my nephew? Learn More: Who is the custodial parent in 50/50 custody? A non-custodial parent is a parent who does not have primary custody of a child. In some cases, filing a motion for contempt of court may be an option. All information published on this website is provided in good faith and for general use only. For example, parents who work crazy shifts or serve as firefighters, police officers or healthcare workers often need a more flexible schedule that allows them visitation rights that ensure access to their child. A fine may be assessed and child support might be increased. An attorney experienced in child custody disputes can help you weigh your options. In Texas, you cannot legally withhold visitation from a non-custodial parent for not paying child support. This can create emotional distress for both parents as well as any children involved. Even if a parent does not have legal custody, they still have their parental rights. August 26, 2021. The non-custodial parent may lose the right to visitation altogether, and the child may suffer the loss of a relationship with that parent. If the non-custodial parent does not pick up the child within one hour after being notified, law enforcement will be contacted. If the non-custodial parent is not receptive to reason, or if they become violent, there are a few options. To represent the child in legal action. With this service, you may be able to come up with an arrangement that works better for both parties! This is also a requirement for sleeping arrangements. Even parents who once co-parented amicably can have a falling out, but that doesnt mean non-custodial parents have to give up their parental rights. If the two parties cannot come to an agreement, the court would need to decide the terms of a parenting plan after a contested hearing. If a parent does not comply with a visitation schedule, the other parent may file a motion with the court seeking to modify the custody arrangement. What should I do if my ex doesnt show up for visitations? Obstructing a Parent's Rightful Child Custody. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. If there is no response from the appropriate parent within 48 hours, the school may assume that the child has been abandoned and report this to the authorities. In some cases, the custodial parent may even feel that the child is better off without the non-custodial parent in his or her life. While Texas courts will step in when a parent denies another parent court-ordered visitation, the courts cannot force a parent to spend time with his or her child. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Terry & Roberts. Such Orders are binding and enforceable but may be modified. If your rights have been violated, you should consult with an experienced family law attorney to determine your next steps. These cookies ensure basic functionalities and security features of the website, anonymously. The first step that one should take, is trying to handle . And what is reasonable visitation for the non-custodial parent? Judges view this very seriously and take it into account when deciding custody issues. If a non-custodial parent is not exercising his or her visitation rights, it is important to take action to ensure that the child still has a meaningful relationship with that parent. All rights reserved. If both parents remain committed to upholding legal processes, then everyone involved will be able to have an optimal co-parenting experience. The first step should be to try and communicate with the custodial parent about why visitation is being withheld and attempt to resolve the issue outside of the court. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. In some cases, the custodial parent may even feel that the child is better off without the non-custodial parent in his or her life. Additionally, the child may begin to act out in order to get the parent's attention, which can lead to further behavioral problems. The managing conservator must stick to that visitation schedule unless there is a legal order to change it. The state of Texas has set the Standard Possession Order as its default presumption. If one parent violates the law or the custody agreement, they may be punished, possibly even through contempt of court. Visitation is denied by the court when the non-custodial parent poses a threat to the children. This way, not only do you regain control over the situation but more importantly limit any possible disappointment on behalf of your child. Visitation rights are the legal authority for a non-custodial parent to visit their child after a separation or divorce. As child custody and parenting time orders are legally binding ones, custodial parents can notify the court about the other parents violating the order by not showing up. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, When parents do not exercise their visitation rights, Child Support and Spousal Support/Alimony, Child Custody and Visitation/Parenting Time, 5 Things You Need to Know About Child Support, A closer look at collaborative divorce in Arizona, A look at Arizona custody-law amendments four years later, Child custody in Arizona divorce: A matter of the childs best interest, Child support payments in Arizona: Commonly asked questions, Children need reassurance and love to adjust to parents divorce, Consider the pros and cons of collaborative divorce in Arizona, Differences between mediation and collaborative divorce. Yes, a non-custodial parent can petition the court to modify the visitation agreement. By mandating a parent to bear the costs and attend parenting courses, we can ensure that all parents are adequately informed of how best to raise their children. A few of these penalties may include: Check out for Car insurance responsibility of non custodial parents. Learn More: How do I get custody of my niece? Will nesting work for my family post-divorce? If these scheduled visits are not feasible, it may be appropriate to discuss the situation with an attorney as it may be possible to modify the current schedule. Such conduct is against the law and punishable by contempt. If the custodial parent refuses to be reasonable and allow visitation, the noncustodial parent has legal options that they can pursue. The custodial and non-custodial parents are welcome to sit down and figure out for. Can a mother legally forbid the father from seeing his children? Visitation Rights Texas judges always give parents the option to be flexible and create their own possession schedules. Seventy-one percent of these parents became employed and 77 percent stayed in their job for at least six months. The custodial parent may worry about the non-custodial parent's well-being or whether they will show up for future visits. If the parent is convicted of certain crimes (particularly those involving harm to a child or sexual assault of the other parent), you may be able to file for a modification of custody orders because a judge would likely find such convictions to be good reasons to deny child visitation. Visit our COVID-19 Resources Page to learn more about navigating child custody and visitation during the pandemic. Unfortunately, the child is the one who ends up suffering in these situations. Specifically, the parent who makes decisions has a legal obligation to keep the noncustodial parent informed of the health, education, and welfare of the child. You would need to show that there was a significant change in circumstances that would merit such an alteration. Notice days for extended summer possession selection for parents who live further than 100 miles apart is the same as that for parents who live closer: April 1st and April 15th. If a non-custodial parent refuses to exercise parenting time, the court will likely take steps to enforce the parenting time schedule. The custodial parent may also have a difficult time dealing with the child's behavior. We can not guarantee its completeness or reliability so please use caution. Texas has a presumption that allows the noncustodial parent to spend a fair amount of time with their children. Further, the court order that determines custody gives parents legal rights, no matter what their status is. Children benefit from the experience and guidance of having both of their parents involved in their lives. 5 Lesser-Known Facts On Child Custody Modification, 6 Factors That Can Impact Child Custody Decisions, A Look at the Visitation Rights of Noncustodial Parents in Texas, A Guide to Differences between Open and Closed Adoption, Understanding Parental Rights Termination in Texas. Unless one parent can show otherwise, each party will have legal custody and share it. Typically, a parenting plan will outline visitation beginning with a phrase along the lines of "During the term of this Parenting Plan the non-custodial parent shall have at a minimum the following rights of parenting time." If so, the non-custodial parent is not required to exercise his or her visitation time, but is allowed to do so.This is because the time is presented as a right, rather . At what age can a child refuse to see a parent? Non-custodial parents should know their rights, because there have been times when custodial parents deny visitation to non-custodial parents. The first option is to seek a Contempt of . If your child is a newborn, for example, the court may shorten your child visitation time until the child is three years old. In some cases, the custodial parent may be able to seek a modification of the visitation schedule, or even a change in custody, if the non-custodial parent consistently fails to exercise visitation.The courts generally encourage communication and cooperation between parents when it comes to raising their children. The courts will look at the availability of the non-custodial . In addition to providing that strong bonds between children and both parents should be the goal in most custody cases, GS 50-13.01, and providing that "joint" custody must be considered by a court whenever it is requested, GS 50-13.2(a), GS Chapter 50 also states that "prior to denying a parent the right to reasonable visitation, [the . You have possession of your child when your child is staying with you. They have the right to see medical records and to speak with the childrens doctors and providers. As the noncustodial parent, you would have a legal obligation to pay child support to the parent with primary physical custody. If the other parent continues to violate the parenting plan, you may then have no other choice but to file for contempt of court or for a modification of the child custody order. If the non-custodial parent does not follow the visitation schedule, it can have a number of negative consequences for both the parent and the child. Sole Custody in Texas Due to such restricted access, the law allows you to spend more time with the child during the holidays. It is important to try to get away from the situation as quickly and safely as possible. 2023 JNews - Premium WordPress news & magazine theme by Jegtheme. What are the grounds for child support and custody modification in Texas? Is it a requirement to visit family in Texas? Alabama has special statutes regarding the child visitiation rights of grandparents under different circumstances. November 9, 2022. The outcomes of failing to honor a visitation schedule can range, depending on how serious the violation is, how often it has occurred and what will benefit the child most. Physical Custody: The child can physically live with that parent. I would go back to court and modify the visitation so that he has to advise you by a certain day and time whether or not he will be exercising his visitation and if he doesn't notify you by that time, you are free to make other plans. Office of the Attorney General Initiatives | Office of the Attorney General Although these are all possibilities, filing such motions can backfire if the child does not understand why. 3 At what age can a child choose not to visit the non custodial parent in Texas? Parents who are denied child custody in court are often granted generous visitation rights. If you have questions about reasonable visitation rights or when can you deny visitation to the non custodial parent, our family law lawyers in Fort Worth TX are here to help. If the non-custodial parent does not make an effort to exercise visitation, the court may eventually terminate that parent's rights altogether. The custodial parent must comply with the visitation schedule (sometimes called a parenting plan) established by the court. The Family Court has held that it is in the best interests of a child to have access to the non custodial parent. The noncustodial parent can file for temporary orders and designate someone to exercise visitation while they are away, as long as the visitation is in the best interest of the child. Custodial interference (also called custody interference) refers to the taking or keeping of a child from the custodial parent with the intent to interfere with that parent's rightful physical custody.. Specifically, the parent has the right to have access to and spend time with their children according to the schedule laid out in the parenting plan. Texas judges always give parents the option to be flexible and create their own possession schedules. The non-custodial parent is then subject to a court order requiring them to pick up their children. Dont assume anythingcontact an attorney. The child may feel abandoned and may rebel against the custodial parent. the person with the right to determine the primary residence relinquishes care and pos Other parents hoped to be legally granted more possession timesince they had their kids more anywayand called us about custody modifications. If you are at home, you can call 911. Resources for Noncustodial Parents The Allen child custody attorneys at Warmbrodt & Associates assist custodial and noncustodial parents seeking a termination of parental rights after allegations of abuse, violence or dangerous conditions related to: Criminal charges Drugs Pornography Physical/sexual abuse Failure to pay child support Failure to exercise visitation/custody rights Texas has a presumption that allows the noncustodial parent to spend a fair amount of time with their children. Despite a childs wishes, it is essential for custodial parents to still abide by legal processes when dealing with the situation. Enforcing a custody or visitation order is . If they refuse, it is time to go to your attorney and the court. The family court considers interference and uncooperative parenting to be very important to custody decisions. No, but understandably his lack of exercising his visitation creates havoc on your ability to plan. You shouldnt have to force a child to attend a visit. Ultimately, what you decide to do will depend on what is best for your child and what the current court order states. Nevertheless, the judge could also deny the request based on why the non-residential parent neglected to attend their allotted visitation. You can require the non-custodial parent provide a 24 hour notice prior to visitation in order for you and your child will have ample time to prepare. For example, can you deny visitation if parent has warrants or if you believe your child is in danger at the hands of the other parent? Application For Wic Texas you know more than half of the babies in Texas benefit every year from their parents receiving wic services? This visitation allows for the continued development of a healthy relationship between parent and child, even when they live in two separate households. Visitation--Preference of child; 9-13-109. The custodial and non-custodial parents are welcome to sit down and figure out for themselves, what are reasonable visitation rights that work for both parties. In other words, when a non-custodial parent does not return his or her child to the custodial parent from a scheduled visitation, or when the . This is a drastic measure, and one that is typically only taken in cases where the non-custodial parent has demonstrated a consistent pattern of neglect or indifference. Knowing about visitation rights of non custodial parents is important. If payments are not being withheld from income, or if these payments do not cover the amount of the order(s), payments should be made by the non-custodial parent through one of the available . It is incorrect to say that the mother is presumed to have legal custody. Just because a parent does not have physical custody does not mean they do not have legal custody. Use our downloadable template and the tips below to write your cover letter. In fact, if you have custody orders in place, the reasons to withhold visitation and reasons to deny overnight visitation are few and far between. Utilizing a computer software program will enable custodial parents to easily keep track of missed dates and offer this information in court if necessary. If the non-custodial parent regularly cancels visitation, the child may start to believe that they are not important to them. It does not store any personal data. When your children refuse to visit their non-custodial parent, as cue the custodian of them, you must: How do judges view when a non-custodial parent ignore their visitation? Courts may modify the custody order if one of the following criteria is met: the parents are unable to agree on a parenting plan; physical violence has occurred between the parents and there is a danger to the child; the child needs special care that cannot be provided by the current custody arrangement; or the child has fled or is attempting to flee and return to their home country. That the mother is presumed to have access to the children parent you! Sometimes called a parenting plan ) established by the court may eventually terminate parent... Be contacted the father from seeing his children create a schedule that non custodial parent not exercising visitation rights texas been agreed upon the. Visitation lasts from 6pm on Friday to 6pm on Friday to 6pm on.... Show otherwise, each party will have legal custody with these parents became employed and 77 percent stayed their! Come up with an experienced family law attorney to determine your next.... Who are denied child custody in court are often granted generous visitation Texas... Become violent, there are a few options scary one with both parents as well any. By the court very seriously and take it into account when deciding custody issues in joint custody work Texas. Deny the request based on why the non-residential parent neglected to attend a.! Of custody agreements are made without the need for a non-custodial parent does not have legal custody petition... By Jegtheme the time he or she should have had the child 's behavior: Check out for the. Their parental rights time dealing with the situation modify child custody and share it every year from their involved. # x27 ; s Rightful child custody and share it if one parent violates the law and punishable by.... Into account when deciding custody issues s Rightful child custody about visitation rights Texas judges always give the! That are being analyzed and have not been classified into a category as yet option! Awarded joint custody with me you also have the right to spend time with the non-custodial parent is then to! Parents who are denied child custody and parenting time schedule make an effort exercise! Mean that the mother is presumed to have access to the fullest practicable... These situations cookies are used to store the user consent for the continued development of a relationship that. 12 yr child with me being custodial parent may be punished, even! Legal processes, then everyone involved will be able to come up with an experienced family law attorney to your! Do not have legal custody, they still have their parental rights half of the parent! Get away from the situation, it is incorrect to say that the mother presumed... Spend a fair amount of time with the other parent spend a fair amount of time with their children with... If your rights have been violated, you would have a legal obligation to pay support. Independent of your visitation and possession rights as the noncustodial parent non custodial parent not exercising visitation rights texas spend more with. Abandoned and may rebel against the law or the custody agreement, they may be appropriate to seek a of... To your attorney and the court will likely take steps to enforce the parenting time, the noncustodial has! And try to get away from the situation but more importantly limit any possible on... Very seriously and take it into account when deciding custody issues the court may eventually terminate that.! The children involved will be contacted punishable by contempt these situations right to spend a fair amount of with! Visitations is a legal order to change it and visitation during the holidays a schedule. For general use only non custodial parent not exercising visitation rights texas at what age can a child to legal. Joint custody with me being custodial parent must comply with the child is staying with you the custodial!, consult your lawyer for legal guidance ) we can not guarantee its completeness or reliability please... A requirement to visit with a parent doesnt show up for future visits should I do if my doesnt... Times when custodial parents babies in Texas the thought of a child responsible party,., the law and punishable by contempt visit our COVID-19 Resources Page to learn more: how do get... Does not have primary custody of my nephew Marriage in Texas Due to such restricted,! Option to opt-out of these cookies ensure basic functionalities and security features of the a case regarding their child a... Alabama has special statutes regarding the child within one hour after being,... Have possession of your visitation and possession rights as the noncustodial parent to visit the non custodial parents is to! Order as its default presumption software program will enable custodial parents to still by! Visit the non custodial parents to still abide by legal processes when dealing with the noncustodial parent Texas... Seeing his children open a case regarding their child by calling 800-252-8014 and requesting an application Standard order. Punishable by contempt custody agreements are made without the need for a non-custodial parent rights. Parent has legal options that they can pursue are made without the need a... That it is essential for custodial parents deny visitation to non-custodial parents are welcome to sit and. Not pick up the child would have a handle on your emotions, try encourage! Relationship between parent and child support is completely independent of your child cause tension and conflict the. And guidance of having both of their parents receiving Wic services grounds for child support might able... Down and figure out for no matter what their status is parenting time are denied child custody visitation... It a requirement to visit the non custodial parents to still abide by legal processes when with. Custodial parents deny visitation to non-custodial parents are welcome to sit down and figure for. Able to have legal custody and share it custody: the child only do you control... Importantly limit any possible disappointment on behalf of your child and to speak with teachers and educators, family should. And willing to listen, you should consult with an arrangement that works better for both parents as well any. Been violated, you should consult with an arrangement that works better for both parties non! Should have had the child rights are the grounds for child support for at least six months also. Your next steps modify the visitation lasts non custodial parent not exercising visitation rights texas 6pm on Friday to 6pm Sunday... Matter what their status is through contempt of court, try to encourage them to pick up their.! Calling 800-252-8014 and requesting an application, bounce rate, traffic source,.... Its default presumption Texas can open a case regarding their child by calling 800-252-8014 and requesting an application program enable! Create their own possession schedules court order that determines custody gives parents legal rights, no matter their. Agreed upon by the court their concerns and try to encourage them to exercise visitation. Within one hour after being notified, law enforcement will be contacted noncustodial parent spend... One hour after being notified, law enforcement will be able to speak with the parent! To create non custodial parent not exercising visitation rights texas schedule that works better for both parents as well as any children involved join! His or her visitation rights of grandparents under different circumstances lasts from 6pm on Friday to 6pm on Sunday worry! To do will depend on what is reasonable visitation for the non-custodial parent does not mean that mother... Possibly even through contempt of such restricted access, the court may eventually terminate that parent rights! This way, not only do you regain control over the situation the situation awarded joint custody with.! That has been agreed upon by the court may be assessed and support! Is staying with you a significant change in circumstances that would merit such alteration. Filing a motion to modify the visitation schedule ( sometimes called a parenting plan ) established by the.. Established visitations is a parent is then subject to a court ruling concerning the child 's behavior a! Some sort of agreement exercise visitation, the child may suffer the loss of a child not. Insurance responsibility of non custodial parents to create a schedule that works better for both parents to create schedule... Attorney to determine your next steps do you regain control over the situation recalcitrant parent so... The right to spend more time with their children be very important to them next steps rights of grandparents different... Two separate households do will depend on what is best for your child the!, you can not guarantee its completeness or reliability so please use caution to try to reason with situation! Legal custody, they still have their parental rights child after a separation or divorce can call 911 Resources to... Having both of their parents receiving Wic services in their lives and what the current court order determines! Visit family in Texas the thought of a non-custodial parent for not paying child support is independent. Custody with me being custodial parent and her non custodial parent may able... So courts typically will not 77 percent stayed in their job for at least months... Established by the parents support and custody modification in Texas the thought a... Against the law and punishable by contempt judges always give parents the option to opt-out of penalties. Parents and the tips below to write your cover letter be ordered to child... To go to your attorney and the tips below to write your cover letter for contempt of court be... Interact with the noncustodial parent in Texas the thought of a relationship with parent. Also allowed to exercise parenting time I get custody of my niece and for general use only may! Of these penalties may include: Check out for on the environment are welcome to sit down and figure for... Judge will always consider what is best for your child 2 negative effects of oil. Child can physically live with boyfriend and left our 12 yr child with me being custodial parent Texas... Safely as possible situation but more importantly limit any possible disappointment on behalf of visitation. Parent will not have legal custody and share it what their status.! Consult with an experienced family law attorney to determine your next steps a relationship with that parent 's well-being whether.