If your ex is refusing to follow a custody order, you do not have to simply accept the situation. Knowing how Texas handles custody order violations can help you understand when you may need to take action to protect your relationship with your child. Non-compliance with a custody order can carry serious legal weight under state law, particularly in cases involving repeated violations.
What counts as a custody order violation?
Texas law sets clear rights and responsibilities for both parents in a custody arrangement. Common violations include:
- Refusing to return the child after a scheduled visit
- Denying the other parent their court-ordered parenting time
- Relocating the child without proper notice
- Blocking contact between the child and the other parent
Each of these situations can give a parent valid legal grounds to seek enforcement.
Why should you document violations?
The court requires enforcement motions to include specific details about each violation. Before pursuing any legal action, keep a record of each violation. Document the date, time and details of each incident. Additionally, save text messages, emails and voicemails from your ex. Strong documentation can help make your case more convincing.
How can a motion for enforcement help?
A Motion for Enforcement can be filed with the court to request enforcement of the custody order. Parents can file through the Texas Attorney General’s Child Support Division or with the help of a child custody lawyer. After the filing, the court will schedule a hearing so both parties can present their case.
What legal consequences can your ex face?
A judge can hold your ex in contempt of court for non-compliance, which can mean fines or jail time. The court can also award makeup parenting time for any visits your ex denied. In some cases, the judge may modify the existing order to prevent future violations.
What happens when violations keep repeating?
Repeated violations carry serious legal weight in Texas. A parent who consistently ignores a custody order may face a habitual violation finding. Courts treat this pattern as a serious concern.
Protecting the child’s stability is always the court’s priority. In such cases, Texas law allows a judge to change an existing order when one parent repeatedly violates it. The judge may reduce the non-compliant parent’s parenting time or shift primary custody to the other parent.
Get help enforcing your custody order
A custody order exists to protect both parents and the child. When one parent stops following it, the other parent has the right to seek legal guidance. If you are dealing with a custody violation, contact our office to discuss your situation and gain a clearer understanding of available legal options.