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In this article, you will discover:
Actions that violate the terms of the custody court order are heavily frowned upon by the courts and can have a significant impact on future possession, access and even conservatorship rights.
If a court order spells out the time for an exchange between parents, failing to comply with that order is a violation. As a parent and litigant, you should be leery of violating the custody agreement without speaking to an attorney first.
No. It is never recommended to violate a court order as retaliation for an ex-spouse’s violative behavior. The adage applies here: two wrongs don’t make a right.
Before going to court, it is crucial to document violations. Use a parenting app, such as AppClose or OurFamilyWizard, to communicate about violations with the bad actor.
You will also benefit from a paper or digital calendar that documents the violations in detail. As time passes, remembering these specifics in litigation may be difficult without such documentation. Also, having police reports made when an exchange is missed is helpful.
Most importantly, be sure you are complying with the order’s provisions while documenting the alleged violations your co-parent is committing.
Motions to enforce and motions for contempt are standard methods for bringing violations to a court’s attention. These can include requests for fines, attorneys’ fees and even jail time.
Yes, the intricacies of a valid enforcement request or request for a contempt finding can be complicated, and specific notice requirements are necessary. For these reasons, it is best to have an attorney help you through this process.
Violations of this kind can happen when parents are not familiar with all the details of the court order. For example, there are notice requirements and deadlines for changes to addresses, emails and phone numbers.
If you miss a deadline listed in the order, it’s best to rectify it as soon as possible. This strategy applies to any violation you discover.
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For more information on custody agreement violations in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 964-1122 today.