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Pearland Legal Blog

Family Law & Estate Planning Attorney

When facing a family law, estate law or other legal matter, it is important to work with an experienced attorney who can help you understand your options and protect your interests. At The Powell Law Firm, we have more than 20 years of experience protecting people in Pearland, Houston and the surrounding area in Texas.

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 The 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 The 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.

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  • “I wanted to take the time to thank you [John Powell III] for helping me through a tough time in my life. Your guidance and voice of reason really helped me more than you will ever know. I had a previous attorney that I felt could have really cared less about me or the situation. Once on board with you, I felt an immediate difference and I was thankful for your quick response. I could not have finished this process without you and I am glad you were able to have so much hands on time with me. Again, thank you for everything you did for me and my son!”

    (S.R.)

  • “John Powell III was very helpful through the entire process of my divorce which involved a custody fight over my 3-year-old daughter. Mr. Powell has a strong working rapport with the Brazoria County family court. He was very patient, walking me through every step, knowing what to expect from my wife's attorney. We were ultimately successful and I would highly recommend him. As for my daughter, she is doing great. She has advanced to the preschool 2 class early, she is now 3.5 and now goes to school with the 4-5 year old's. Her emotional and behavioral issues have disappeared. Thanks to Mr. Powell's hard work my daughter will have a great chance at life.”

    (K.K.)

  • “Just wanted to say thanks for handling my post-divorce property division issue in a timely and professional manner. Especially your attention to detail and some quick-witted humor as well. Your firm was referred to us by a friend which can always be somewhat awkward but you made us feel at ease through the entire process. I would not hesitate to recommend your firm to anyone if the need arises.”

    (J.B.)

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    (M.K.S.)

  • “I had what I learned was not your stereotypical divorce case. John Powell III was extremely understanding of the situation and worked with myself and my former spouse to navigate the legal pitfalls in our, and our children's case. Everything was resolved amicably and with minimal impact to our family. Without Mr. Powell's assistance I do not know that we would have gotten to such a positive place.”

    (A.W.)

  • “John Powell III is a compassionate and thorough attorney. My case was a complex custody issue that required work in two wide-spread counties. Mr. Powell was able to efficiently overcome this added challenge. He is patient and clear in explaining concepts of the law. Even after the case was closed, Mr. Powell was available to explain the final judgment and to help ensure we were following the Judge's intent. It is very comforting to know that if additional issues arise he is there to act as my advocate.”

    (R.T.)