WHEN TO ENFORCE OR MODIFY YOUR CHILD CUSTODY, VISITATION, AND SUPPORT ORDERS? -TEXAS FAMILY LAW
- Texas Attorney Ryan Putz
- Dec 24, 2022
- 5 min read
Once you have court orders in place that determine when, where, and how each parent will exercise their possession and access to the kiddos, the orders must be followed unless the parties otherwise agree to deviations from the order.
What Are Your Options When a Co-Parent Is Being Difficult and Not Following Court Orders?
You have a couple options that include asking the court to enforce the orders that are currently in place (enforcement action), and/or asking the court to modify the orders that are currently in place in order to address the non-complying parent’s violations (modification action). If you are content with the current orders and just want your co-parent to follow the orders, you would want to bring an enforcement action in order to hold the co-parent accountable for violating the terms of your court order. If you want to change the court orders because there has been a change of circumstances since the time your orders, such as a co-parent not doing what they are ordered to do, you might want to request the court modify the court orders to accommodate the change of circumstances. You may also want to bring both an enforcement action and a modification action simultaneously. This blog article will discuss common situations where enforcement actions are used as well as some of the benefits of bringing an enforcement action. My next blog article will address modification actions and when to use and benefit from a modification action. As always, you should consult with an experienced family law attorney regarding the possibilities of an enforcement or modification action for your specific circumstances.
ENFORCEMENT ACTIONS – MAKE THEM PAY YOUR ATTORNEY FEES
One of the great benefits of bringing an enforcement action is that you are entitled to your reasonable attorney fees and costs if you prevail. If the court finds that the other parent has violated the terms of the order, not only can you financially punish the violating parent by making them accountable for your costs to drag them to court, but it also allows you to be made “whole” again, so you are not in a worse position than when you originally began the process. It also serves as a deterrent to further acts of non-compliance under the court orders.
Enforcement of Child Support in Texas
If a parent is ordered to pay child support and then fails to pay the child support as ordered, a simple enforcement action can remedy the issue. An enforcement action for unpaid child support also includes any unpaid medical support that a parent is ordered to pay under the court order. The non-paying parent may be placed in contempt of court and face civil and criminal penalties as provided under the Texas Family Code. Placement in contempt of court may result in time in probation, jailing, continued fines and additional compensation for ongoing legal fees as previously stated above. The court can also make additional orders for payment of child support to account for any missed payments and any amount of child support in arrears.
Enforcement of Possession and Access – Protecting Your Right to Possession and Access in Texas
Your court orders most likely provide specific terms and conditions that apply to each parent’s visitation and access to the children. The court expects the parents follow these orders and not cause interference to the other parent’s ability to visit and access the children under the terms of the order. Sometimes, terms and provisions for possession and access are not specific enough for a court to enforce them, and you usually find this out at the day of the hearing. In this situation, a court can clarify the terms and conditions set forth in your order to make terms specific and enforceable going forward.
Often times, enforcement actions for possession and access are brought by one parent because the co-parent is violating the “exchange” terms and provisions of the possession order (the time when one parent’s possession of the children begins, and the other parent’s possession ends). If a parent is ordered to make the children available to the other parent at a certain time and place, and the parent fails to make the children available at the time and place provided in the orders, that parent is violating the court orders and is interfering with the non-violating parent’s ability to visit and access the children.
Interference with a parent’s visitation rights may also come in the form of a parent refusing/denying the other parent visitation, using tactics of deception such as “last-minute re-scheduling requests,” or attempting to manipulate the non-custodial parent into believing they are entitled to deviate from the terms of the order as they deem fit. Until either BOTH parents agree, or a court of law says otherwise, you are entitled to possession and access of your children according to the terms of the order.
Common Examples of Denied Child Visitation or Custody Interference in Texas
In addition to examples provided above, the following situations may justify an enforcement action for possession and access.
A change of residence by the custodial parent without providing you proper and timely notification of the change.
Last-minute cancellations or rescheduling attempts by the custodial parent.
The custodial parent’s refusal to let the children go with you during your visitation periods.
The custodial parent, in their sole discretion, makes changes to a child’s regular schedule, routine, or activities so the changes interfere with your visitation and possession periods.
The custodial parent is routinely late or absent from the exchange location designated in your court orders.
What Should You Do When a Co-Parent Interferes or Denies Your Visitation Time?
If you are at the place and time of exchange that is provided under your possession orders and the other parent is denying you possession or refusing to allow the children to go with you, or the children or not even at the place of exchange, it’s important that you maintain a calm mind and document the denial/interference of your possession time. The following steps are recommended when you find yourself in these situations:
1. Double check your orders regarding your possession schedule and confirm that you are entitled to pick up your children on that date, time, and location.
2. DOCUMENT!!! –
a. Take pictures or videos of you at the time and place of the exchange of the attempted visitation. Do this even if the children are not present at the attempted exchange location.
b. If you anticipate your co-parent denying you visitation, maybe because there is a history of this behavior or they actually provided you notice of the denial of visitation, I suggest bringing a witness along with you that would be willing to testify at a later time.
c. Once you leave the location of exchange, I suggest making a purchase at a nearby store (e.g., fill up your gas tank at the nearest gas station) and keep the receipt showing the date, time, and location.
3. Create a written record such as a journal for each and every time that your visitation is denied or interfered with by your co-parent. Make sure your journal entries document the date, time, location, and relevant details of your attempts to exercise your visitation under the orders. This documented evidence will be helpful to your attorney if you decide to enforce your visitation rights under the court orders.
Denied Child Visitation in Houston, The Woodlands, or the Surrounding Area?
If you have been denied child visitation in Harris County or Montgomery County, you should contact the Law Office of Ryan Putz to discuss your situation. Attorney Ryan Putz is an experienced family law attorney who can help protect your parental rights and relationship with your child. Get the representation that you need and deserve. Call us today at (281) 206-2696 to schedule a consultation with Attorney Ryan Putz.
PHONE: (281) 206-2696
EMAIL: ryanputzlaw@gmail.com
Houston and Harris County | The Woodlands and Montgomery County
Pearland and Brazoria County | Sugar Land and Fort Bend County
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