Enforcing Child Custody Orders

Child custody orders are legally binding, which means that anyone subject to such an order must comply with its terms. It is not uncommon for parents to disregard orders defining parental rights, though, to the detriment of their child and co-parent. Fortunately, Texas law provides procedures for enforcing child custody orders, and parties that are non-compliant may face a range of penalties. If you need assistance handling an enforcement action in a Texas child custody case, it is in your best interest to confer with an attorney. The Dallas child custody lawyers of McClure Law Group are skilled at helping parents protect their rights in custody matters, and if you hire us, we will craft compelling arguments in your favor.

When making child custody determinations, the sole focus of Texas courts is what is in the best interests of the child. This principle is expressly set forth in the Texas Family Code (the Code) as well.

The default presumption is in favor of joint managing conservatorship, where both parents share the rights and duties of parenting unless it can be demonstrated that this arrangement is not in the child's best interests.

The court considers numerous factors when making custody decisions, including the child's preferences if they are of an appropriate age to express them, the ability of each parent to meet the child's needs, emotional support, and their willingness to foster a relationship between the child and the other parent. Additionally, the court will weigh any history of domestic violence or substance abuse.

If a court finds that joint managing conservatorship is deemed unsuitable, the court may appoint one parent as the sole managing conservator, while the other parent may be granted possessory conservatorship rights, allowing for visitation. The court typically follows a Standard Possession Order for visitation schedules, but it may deviate from the standard order due to the unique circumstances of each case.

The courts often require parties in custody cases to attend mediation before going to trial, which provides them with an opportunity to reach an agreement on custody and visitation. If an agreement is achieved, it can be submitted to the court for approval. Child custody orders can be modified if there is a material and substantial change in circumstances or if the existing order no longer serves the child's best interests.

Under Texas law, anyone bound by a custody order must comply with the terms of the order. If a parent fails to abide by the provisions of a custody order, their co-parent can take legal action to compel compliance with the order. It's important for the custodial parent to keep detailed records of any violations, including dates, times, and specifics of the non-compliance, as this information can be crucial in court proceedings.

Enforcing a child custody order in Texas usually requires the filing of a motion to enforce with the court that issued the original order. Upon filing the motion, a court hearing will be scheduled, providing both parties an opportunity to present their cases. The court has the authority to enforce the existing order by issuing remedies such as fines, modifying the visitation schedule, or holding the non-compliant parent in contempt of court, which can lead to penalties like fines or even imprisonment in extreme cases.

Additionally, the custodial parent can seek assistance from law enforcement to enforce the order. Law enforcement agencies in Texas are generally obligated to assist in the execution of custody orders, ensuring the safe transfer of the child between parents during scheduled visitation times.

While parties do not always agree with the orders Texas courts issue in child custody cases, they nonetheless must comply with them. Otherwise, they will likely have to defend an enforcement action. If you want to learn more about enforcing child custody orders under Texas law, it is prudent to meet with an attorney. The skillful Dallas child custody attorneys of McClure Law Group possess the knowledge and resources needed to achieve successful outcomes, and if we represent you, we will work tirelessly on your behalf. Our main office is in Dallas, and we are able to meet clients for meetings at our Collin-County office, which is located in Plano. We regularly represent people in child custody enforcement actions in Dallas, Fort Worth, Rockwall, Frisco, McKinney, Irving, Richardson, and Garland. We also represent people in family-law cases in cities in Dallas, Collin, Denton, Rockwall, Tarrant, and Grayson. You can contact us by calling 214.692.8200 or by using our online form to arrange a confidential meeting.