Steps to Protect Your Parental Rights in Texas Custody Cases

Is your ex failing to comply with the custody order? You must take immediate action to protect your parental rights. You have enforcement options available. At John Powell Law Firm, we are leaders in family law in Pearland, TX. Our child custody attorney explains your rights and options if your ex is not following the terms of the custody order in Texas.

Step #1: Document All Custody Violations

Evidence is the key to any family law case, especially if there are custody violations. With that in mind, the first step to protecting your parental rights is to carefully track every instance where your ex fails to comply with the court-ordered custody arrangement. You should keep detailed notes of missed exchanges, late returns, or denied visitation, and save supporting evidence such as text messages, emails, or witness statements. Documentation can make the difference.

Step #2: Make a Good Faith Attempt at a Cooperative Resolution

In some cases, disputes arise from misunderstandings about the terms of a custody order. In still other cases, a parent may make mistakes but be willing to get back on the wrong track. Before pursuing enforcement, you may attempt to resolve the issue directly with your ex by pointing to the exact language in the order. An attorney can help. However, if noncompliance continues, you can and should escalate the matter to seek enforcement.

Step #3: File a Motion for Enforcement

In Texas child custody cases, the primary legal tool for addressing noncompliance is a Motion for Enforcement. Your motion must specify the provisions of the order violated, the manner of each violation, and the relief requested. The court will then schedule a hearing to review the allegations. Relief may include make-up visitation, fines, or other corrective orders. A Pearland custody enforcement lawyer can help you draft a motion. 

Step #4: Seek All Available Remedies for a Child Custody Violation

Nothing should come between you and your children. A key point is that the law authorizes the court to grant additional periods of possession to make up for missed parenting time. You may also be entitled to a modification of your custody order or agreement that provides you with more favorable terms in the future because of the violation(s). Further, if the child custody violations are willful or extremely reckless, the court may hold your ex in contempt. In Texas, sanctions for contempt can include fines, community supervision, or even jail time.

Contact Our Pearland, TX Child Custody Lawyer Today

At John Powell Law Firm, our Pearland child custody attorney is committed to providing solutions-focused advocacy in complex cases. You do not have to go it alone. If you have any questions about child custody enforcement, please do not hesitate to contact us today for a confidential case review. We handle family law cases throughout Southeast Texas.