Enforcement of Child Custody
The Texas Family Code states that you are to “assure that children will have frequent and continuing contact with parents who have
shown the ability to act in the best interest of the child.”
Many parents believe they have the right to decided when their children should or should not visit the other parent. Once a court signs off on the possession of and access of the child(ren) that order is binding.
If your former spouse or co-parent is keeping you from seeing your child(ren), violating a court order of possession of and access to your child(ren) you have the right to pursue a contempt action.
WHAT IS CONTEMPT?
Contempt is the informed and deliberate refusal of a party to comply with a court order.
HOW CAN I ENFORCE MY CHILD CUSTODY POSSESSION ORDER?
File a motion for enforcement. A motion for enforcement is a motion that is filed to enforce a final order of conservatorship, child support, possession of or access to a child.
You can file a motion for contempt to hold a parent accountable when they violate the court order terms.
If the court approves of the motion of contempt each provable violation is on charge of contempt. Depending on the circumstances of each case, contempt can lead to jail time or other actions the court thinks will remedy the situation.
Both parties must attend a hearing after the motions are filed. At the hearing the judge will decided if there are merits to the claims you have brought forth in your motions. If the court sides with you, they will charge the other party with contempt and administer the remedy the court feels is necessary.
Most situations can be handled with a motion of enforcement which carry less serious legal ramifications.
No matter what side of the dispute you are on, Heather Hudson will effectively represent you. Please contact us today to schedule your consultation so we can discuss in more detail your rights.