Can I Enforce a Child Custody Order?

Sometimes parents refuse to comply with a child custody order, even though doing so could have legal consequences. Fortunately, there are legal options to get the other parent to comply with a court order.

It can be frustrating to co-parent with a person who is unwilling to follow the rules set by the court. Not only is it stressful for the other parent, but it can be upsetting for the child who is used to seeing their parents on a regular basis. If this is happening to you, your first step should be to contact an attorney familiar with custody enforcements.

There are actions you can take if the other parent isn't obeying a custody order:

· Record evidence of your attempts to follow the court order and the other parent disobeying it;

· Contact an attorney to analyze your order to make sure it is enforceable;

· Have the attorney analyze your evidence to make sure you have what you need to file an enforcement;

· If the attorney recommends it, have the attorney file an action of contempt with the court, asking them to enforce the order.

Enforcing the Order

The first step in the enforcement process is to file a petition with the court. This petition should officially ask the court to enforce the order and possibly hold the other parent in contempt. When someone is held in contempt of court, they must appear before the judge or face jail time for failure to do so.

The judge may enforce the custody order by giving makeup time to the parent who didn’t get time with the child because of the offending parent’s actions. The judge may also impose jail time or fines against the offending parent.

It's important for the parent who is seeking enforcement to continue upholding their side of the custody arrangement or to continue paying child support. Failure to do so on this side may cause the court to issue penalties to both parents.

Helping Our Clients Maintain a Relationship with Their Children

In Texas, it is public policy that in general it is in the best interest of the child to spend time with both parents. The laws are supportive of making sure that both parents get parenting time with the child.

At Camille Borg Law PLLC, our attorney can help you file the correct paperwork and get your case seen before a court. Furthermore, we will represent and advocate for your best interests as we seek an outcome of your case.

Call our family law firm today at (469) 646-7763 or contactus online.

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