Enforcing Child Custody Orders in Texas

Child custody arrangements are a sensitive matter with far-reaching implications for both parents and children. When a court issues a custody order, it is legally binding. However, situations arise where one parent consistently violates the terms of the agreement. In such cases, the other parent may seek to enforce the order. It is important to note that only court-ordered arrangements can be enforced.

Common Custody & Visitation Order Violations

Before exploring enforcement options, it's helpful to recognize common violations of custody and visitation orders. These include:

• Relocating without court permission. Moving to a new residence without obtaining the necessary court approval.
• Late or early returns. Consistently returning the child late or early from visitation exchanges.
• Interfering with phone calls or video chats. Obstructing communication between the child and the non-custodial parent.
• Denying visitation. Preventing the non-custodial parent from exercising their scheduled time with the child.

Pursuing Enforcement Actions

If you believe your child custody order is being violated, you may consider taking steps to enforce it. These steps include the following:

• Document the violations. If you wish to pursue enforcement actions, the first step is to ensure you have documentation. Maintain a record of every instance of the order being violated, including dates, times, and specific details of the incidents. Photographs or emails can serve as evidence.
• Attempt to resolve the issue outside of court. Consider communicating with the other parent to address the problem directly. Sometimes, open dialogue can lead to a resolution without involving the court. If direct communication fails, mediation might be an option. A neutral third party can facilitate discussions and help reach an agreement.
• File a Motion to Enforce. If mediation is unsuccessful or not feasible, you may need to file a motion to enforce the custody order with the court. This legal document outlines the specific violations and requests the court to take action. An enforcement motion should also include what you wish the court to do for you specifically. In some cases, the court may find the other parent in contempt of court for violating the custody order. This can result in penalties such as fines or jail time. If circumstances have significantly changed, you may request a modification of the custody order. This requires demonstrating that the current arrangement is no longer in the best interest of the child.

The Importance of Legal Counsel

Enforcing a child custody order can be complex and emotionally charged. It is in your best interest to consult with an experienced family law attorney. An attorney can provide counsel, help you understand your legal options, and represent you in court.

An attorney can also handle gathering evidence, drafting necessary legal documents, and representing you in court proceedings. They can help protect your rights and the best interests of your child throughout the process.

We Can Help with the Enforcement of Court Orders

The Clark Law Firm represents those who wish to seek the court’s help in enforcing family court orders, including custody and visitation orders. Our attorney has decades of legal experience and is equipped to help you protect the best interest of your child and family.

Schedule an initial consultation today by calling (817) 435-4970.