As an experienced divorce and child custody attorney in Texas, I often encounter situations where one parent is not adhering to the terms of a custody order. When this happens, it is necessary to take legal action in order to enforce the custody agreement and ensure that the best interests of the child are being met. In this blog post, I will explain the process of filing a motion to enforce a custody order in Texas and the steps involved in seeking a resolution to the situation.
What is a Motion to Enforce a Custody Order in Texas?
A motion to enforce a custody order in Texas is a legal action taken when one parent is not following the terms of a custody agreement. This can include failing to return the child to the other parent at the agreed upon time, denying the other parent their court-ordered visitation rights, or otherwise not following the terms of the custody agreement.
Why Would You File a Motion to Enforce a Custody Order in Texas?
There are many reasons why a parent might file a motion to enforce a custody order in Texas. Some common reasons include:
- One parent is denying the other parent their court-ordered visitation rights.
- One parent is not paying court ordered child support.
- One parent is not living in the court ordered geographic area.
- One parent is not disclosing their address as ordered.
- One parent is not paying their portion of medical expenses not paid by insurance.
Filing a motion to enforce a custody order in Texas is an important step in ensuring that the terms of the custody agreement are being followed and that the best interests of the child are being met.
How Do You File a Motion to Enforce a Custody Order in Texas?
The process for filing a motion to enforce a custody order in Texas will vary depending on the specific circumstances of your case. In general, however, the following steps will be involved:
- Review the custody order: It is important to carefully review the custody order to ensure that you have a clear understanding of the terms that are being violated.
- Consult with an attorney: It is highly recommended that you consult with an experienced divorce and child custody attorney in Texas before filing a motion to enforce a custody order. An attorney can help you understand your legal options and guide you through the process.
- File the motion: Once you have a clear understanding of the terms of the custody order and have consulted with an attorney, you can file a motion to enforce the order. This will typically involve filling out the appropriate legal forms and submitting them to the court or hiring an attorney to do it for you.
- Attend a hearing: After the motion has been filed, the court will schedule a hearing to determine whether the custody order is being violated and, if so, what steps should be taken to enforce it. Both parents will have the opportunity to present their case at the hearing.
What Happens After a Motion to Enforce a Custody Order is Filed in Texas?
Once a motion to enforce a custody order has been filed in Texas, the court will schedule a hearing to determine whether the custody order is being violated and, if so, what steps should be taken to enforce it. Both parents will have the opportunity to present their case at the hearing.
If the court finds that the custody order is being violated, it may take a variety of actions to enforce the order. This could include ordering the violating parent to make up missed visitation time, imposing fines or other penalties, or even changing the custody order itself. The court may also order the violating parent to pay the attorney’s fees and costs of the parent who filed the motion to enforce the order.
Tips for Enforcing a Custody Order in Texas
If you are seeking to enforce a custody order in Texas, there are a few key things you can do to improve your chances of success:
- Keep detailed records: It is important to keep detailed records of any instances where the other parent is not following the terms of the custody order. This may include dates and times of missed visitations, instances of interference with your relationship with the child, or any other violations of the custody agreement.
- Gather evidence: In addition to keeping detailed records, it can be helpful to gather other forms of evidence to support your case. This could include photos, emails, texts, or witness statements from people who have witnessed the violations of the custody order.
- Stay calm and professional: It can be frustrating and emotional when the other parent is not following the terms of the custody order. However, it is important to stay calm and professional when dealing with the situation. This can help to improve your chances of success in enforcing the order and can also set a positive example for your child.
- Consider mediation: If the other parent is willing, it may be helpful to try mediating the situation before going to court. A mediator can help facilitate a conversation between the two parents and work to find a resolution that is in the best interests of the child.
- Follow the court’s orders: Once the court has issued a ruling on the motion to enforce the custody order, it is important to follow the court’s orders. Failing to do so can result in further legal action being taken against you.
Enforcing a custody order in Texas can be a challenging process, but it is an important step in ensuring that the best interests of the child are being met. By working with an experienced divorce and child custody attorney in Texas and following these tips, you can increase your chances of success in enforcing the custody order and ensuring that the terms of the agreement are being followed.
Contact The Blacknall Firm
If you are facing a family law issue and need representation for a final trial or any other legal matter, contact the Blacknall Firm today. Our team of experienced family law attorneys is dedicated to helping our clients achieve the best possible outcome in their cases. Let us put our skills and knowledge to work for you.
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