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What To Do If Your Ex Violates A Custody Agreement In Hunt County, TX

Mediator helping a couple discuss child custody issues.

In this article, you will discover:

  • How violating a custody order will impact your parental rights
  • How to enforce a custody order through careful documentation of violations
  • How to correct an unwitting violation of a custody order

How Do Legal Custody Agreement Violations Impact Parental Rights?

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.

Can I Legally Withhold Visitation In Texas If My Ex-Spouse Violates Our Court-Ordered Custody Agreement?

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.

What Are The Legal Steps To Enforce A Child Custody Order Without Going To Court?

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.

What Are The Penalties For Repeatedly Violating A Custody Order?

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.

Do I Need A Lawyer To Enforce A Custody Order In Texas?

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.

How Can A Parent Who Unknowingly Violated A Custody Agreement Correct The Mistake Without Facing Penalties?

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.

Still Have Questions? Ready To Get Started?

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.