Child custody orders are court-ordered documents that may be enforced by a judge. If the other parent is refusing to follow the court order, you can bring an enforcement action in court to request that the judge find the other parent in contempt of court. As stated in each order, “A finding of contempt may be punished by confinement in jail for up to 6 months, a fine of up to $500 for each violation, and a money judgment for payment of attorney’s fees and court costs.”
Since custody orders are civil orders rather than criminal laws, it is up to the judge to enforce the orders. The police do not have the authority to find someone in contempt of court for failing to follow court orders. In general, absent an emergency, it is best not to get the police involved in custody disputes and leave the enforcement to the court. Based on the severity of the situation, the judge has the discretion to impose the fines and jail time to enforce your court order against the other party. The judge can also order make-up time for the party who missed out on visitation time.
custody disputes and leave the enforcement to the court. Based on the severity of the situation, the judge has the discretion to impose the fines and jail time to enforce your court order against the other party. The judge can also order make-up time for the party who missed out on visitation time.
In filing an enforcement action, it is important to be specific in the pleadings as to how the other party has violated the order. Therefore, it is important to first make sure that you know what is in your order and that you are following it to the best of your ability. If your order says that you have the right to pick up your children on Thursdays at 6:00 pm at the other parent’s house, then you need to be at that right place on the right day and time, because that is the circumstance where the other parent cannot legally deny you visitation.
Do everything you can to try to follow the court orders, then keep a journal noting every date and time that the other party violated the court order and what happened. That way, you can be ready to bring an enforcement action in court. If you need help bringing an enforcement action in court, or understanding your rights imposed in your order, give us a call!
Our experienced child custody lawyers in Texas have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.
Modern Family Law’s team of experienced Texas custody lawyers takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Learn about our child custody lawyers in Austin and our child custody lawyers in San Antonio Let us make a positive difference in your life.
Custody
Lifting Geographic Restrictions in Texas Custody OrdersLifting a geographic restriction can be tough. Often circumstances have changed since a final order whereby a primary conservator wants to leave the area…
Custody
Vaccinations & Custody: What Happens When Divorced…When separated parents don’t agree about whether or not their child should get vaccinated, it becomes a legal issue that can sometimes end up…
Custody
March Madness: Custody Battles - Meet the…Child custody battles are among the most stressful and contentious types of family law cases. They often get ugly and can get very expensive.…
