What happens when a court order says a parent has specific visitation time, but the other parent repeatedly refuses to follow it? A missed exchange may seem like a personal dispute, but repeated violations can become a legal enforcement issue.
Under Texas Family Code Section 157.004, a court can retain jurisdiction to hold a person in contempt for failing to comply with an order for possession or access, provided the enforcement motion is filed within the statutory time limit.
At Daniel Ogbeide Law, we help parents understand their legal options when a custody order is being ignored. As a child custody lawyer in Houston, our focus is on helping clients address violations through the appropriate legal process.
This guide explains the basic steps involved in enforcing a custody order.
1. Review the Existing Custody Order
Enforcing a custody order starts with the actual language of the order. The order should be reviewed carefully to identify:
- The specific possession or visitation schedule
- Exchange locations and times
- Holiday and summer schedules
- Conditions placed on possession or access
- Any provisions addressing communication or decision-making
A violation is easier to establish when the order clearly states what each parent must do.
Texas law permits a party to request enforcement of an existing order through a motion for enforcement.
2. Document Every Violation
Keep organized records of each missed or denied parenting period. Useful evidence may include:
- Text messages and emails
- Call records
- Parenting-app communications
- Dates and times of missed exchanges
- Witness information
- School, daycare, or activity records when relevant
The goal is to show precisely what the order required and how the other parent failed to comply.
3. Consider a Motion for Enforcement
When violations continue, a parent may seek court enforcement. Texas Family Code Section 157.003 allows multiple claims and remedies to be joined in the same enforcement proceeding.
Depending on the circumstances, the court may consider remedies involving contempt or additional periods of possession. Section 157.168 generally provides for additional possession or access to compensate for denied court-ordered parenting time, unless good cause exists not to award it.
When the Court Order Stops Being Optional
How should a parent respond when repeated violations are disrupting a child’s relationship with both parents? Enforcing a custody order can provide a formal way to address conduct that informal requests have failed to correct.
For parents dealing with repeated violations, working with a custody attorney in Houston can help clarify the available legal remedies and evidence needed for an enforcement proceeding.
Daniel Ogbeide Law provides family law representation focused on matters involving custody, visitation, and enforcement. Parents seeking a child custody attorney near you in Houston can contact the firm to discuss the circumstances and determine what legal steps may be appropriate.
If enforcing a custody order has become necessary, contact Daniel Ogbeide Law for guidance on presenting the violations and pursuing the appropriate legal remedy.
