As is the case with any court order, compliance with a child custody order is mandatory. Unfortunately, some parents do fail to follow these orders as they written. If your co-parent fails or refuses to comply with the terms of your child custody agreement, you have legal options at your disposal. One of our skilled custody attorneys could pursue these options on your behalf.
Our Missouri City child custody enforcement lawyers could assist you by determining the best course of action for your situation and create a more stable life for your child.
Not every dispute over the terms of a child custody agreement will result in long, drawn-out court proceedings. One benefit of working with our attorneys in Missouri City is that some child custody enforcement disputes could be worked out through amicable mediation.
While there is no excuse for violating the terms of a custody agreement, some violations could result from a misunderstanding. An experienced attorney could work with the other parent or their legal counsel to resolve a dispute without the need for court intervention. This is a good option when it is available, as it avoids the costs and delays that can come with an enforcement action. Unfortunately, resolving these disputes amicably is not always an option.
In some child custody disputes, court intervention is unavoidable. If a parent refuses to comply with the terms of the custody or visitation agreement, it is the role of the court to hold them accountable.
It is important to remember that certain steps must occur before legal action is necessary. Specifically, an actual violation of the custody agreement must occur before an enforcement action is considered by the courts. Even if the other parent implies that they will not abide by the terms of the agreement, pursuing legal action is only an option when they actually violate those terms. Until then, a parent must meet their own obligations under the order. This means a parent may not withhold access to the child—even if the other parent has refused to comply with the terms in the custody agreement.
When a mother or father violates the terms of a child custody agreement, the other parent could pursue a motion to enforce the order with the help of a lawyer in Missouri City. This motion must describe the specific part of the order that was violated and detail how the violation occurred. Further, the motion must explain the relief sought. Often, this relief could be changes to the visitation schedule or custody agreement.
If the court agrees with the motion, the judge can find the violating parent in contempt. Contempt can lead to many serious consequences, including fines and incarceration. These are only some of the consequences that can follow a contempt finding. Some other examples include issuing an order that allows the complying parent to make up for the lost time with their child.
Child custody disputes can be difficult. When a parent refuses to comply with the order of a court, the consequences could be steep. You deserve a fierce advocate as you seek to enforce the terms of your custody agreement. Contact a Missouri City child custody enforcement lawyer from Angela Faye Brown & Associates to find a legal advocacy for you and your child.