When your co-parent is violating the custody order, it can feel overwhelming and frustrating, but by documenting the violations, communicating directly with your co-parent, attempting mediation, and ultimately taking legal action, you can restore order to the situation and protect your parental rights.

Key Takeaways

• Document violations thoroughly, as having solid evidence is crucial in taking the next steps, including mediation or court action.
• Mediation can be a cost-effective and less adversarial way to resolve custody disputes, but legal action may be necessary if you aren’t able to achieve a successful outcome.
• Filing a motion for enforcement can compel your co-parent to follow the custody order, and if necessary, a custody modification can be requested to address ongoing issues.

As a parent, there’s nothing more important than ensuring your child’s well-being, but when your co-parent violates your custody order, it can create significant distress and uncertainty in your daily life, as well as your child’s. Whether it’s missed visitations, refusal to follow the agreed-upon custody schedule, or a lack of communication, these violations can undermine your parental rights and disrupt your relationship with your child.

In Texas, child custody orders are legally binding. When one parent fails to comply, it can lead to serious consequences. Fortunately, there are steps you can take to address the issue and protect your rights as a parent. If you find yourself in this situation, understanding the appropriate steps to take is crucial to restoring order and upholding your child’s best interests.

Step 1: Review the Custody Order

The first step in addressing any suspected violation of a custody order is to review the order itself. Whether the parents created the parenting plan or a judge made the final decision, custody orders are typically issued by the court after evaluating various factors. Custody orders outline the responsibilities of both parents regarding visitation, custody arrangements, and decision-making authority.

• Check the specifics: Make sure you understand the details of the order. This includes: the visitation schedule, who is responsible for transportation, how holidays are divided, and how decisions regarding the child’s well-being (such as medical or educational choices) should be made. An attorney can consult with you to explain anything that is unclear!
• Understand the exceptions: Some custody orders may include provisions for flexibility (for example, allowing for last-minute changes in case of emergencies). Understanding what is and isn’t allowed under the terms of your order can help you determine whether a violation has occurred.

Step 2: Document the Violations

If your co-parent is violating the custody order, it’s critical to keep detailed records of each incident. This documentation can be crucial if you need to take future legal action. Some common violations to look for include:

• Denied visitation or refusal to comply with the agreed-upon schedule.
• Failure to inform you of important decisions regarding your child’s education, health, or well-being.
• Ignoring guidelines regarding communication between the child and the non-custodial parent.
• Moving the child out of the jurisdiction without your consent.

How to document violations:

• Keep a log: Maintain a written record of all missed or altered visitation times, including dates, times, and any correspondence (texts, emails, etc.) that pertains to the issue.
• Save communication: If you and your co-parent communicate about the issue via text, email, or another form of written communication, save these messages as evidence. There are many co-parenting apps, such as AppClose, OurFamilyWizard, and TalkingParents, that can help track communication between you and your co-parent.
• Witnesses: If there were any third-party witnesses to the violation, such as a relative or family friend, note their names and ask if they would be willing to testify, if necessary.

Step 3: Communicate with Your Co-Parent

Once you have documented the violation, your next step is to address the issue directly with your co-parent. While this can be challenging, particularly if emotions are running high, it’s often the best way to try and resolve the situation without escalating matters.

• Be calm and clear: When you reach out, try to keep the conversation respectful and focused on the facts. Explain how their actions are affecting your child and your ability to maintain a relationship with them.
• Propose solutions: Be prepared to suggest practical solutions or alternatives that may help resolve the situation. For example, if the visitation schedule has become difficult to follow, suggest an alternative that works for both parties and is still in line with the original custody order.

If the conversation does not lead to a resolution, and the violations continue, it may be time to escalate the situation.

Step 4: Attempt Mediation

Before jumping to court, Texas family law encourages parents to attempt mediation to resolve disputes. Mediation involves a neutral third party helping both parents discuss the issues and find a compromise that works for everyone, especially the child.

• Why mediation?: Mediation is often faster, more cost-effective, and less emotionally draining than litigation. It can also help maintain a better co-parenting relationship by promoting open communication and effective problem-solving.
• What to expect: During mediation, you’ll work with a mediator who will guide the conversation. While the mediator cannot make decisions for you, they will help you explore options and facilitate communication between both parties.

If mediation fails or your co-parent is unwilling to participate, you can move forward with legal action.

Step 5: File a Motion for Enforcement

If your co-parent continues to violate the custody order and mediation doesn’t work, you may need to take legal action. Filing a motion for enforcement with the court is one way to address the violation.

• What is a motion for enforcement?: This legal motion requests the court to enforce the original custody order and penalize the non-compliant parent. The court may issue sanctions, such as fines, make-up visitation time, or, in extreme cases, modify the custody arrangement.
• The process: You’ll need to file the motion in the court that issued the original custody order. Your motion will include documentation of the violation and a request for specific enforcement, such as rescheduling visitation or modifying the terms of the custody order.

In some cases, a judge may hold your co-parent in contempt of court for failing to follow the order, which could lead to serious consequences, including fines or even jail time.

Step 6: Modify the Custody Order (If Necessary)

In some cases, if violations persist, it may be in your child’s best interests to request a modification of the custody order. This may be necessary if your co-parent’s behavior is not improving or if the circumstances that led to the original order are no longer relevant.

• How to request a modification?: You will need to file a petition for a Modification of Orders with the court explaining why the current custody arrangement is no longer appropriate. Common reasons for modification include one parent’s relocation, a change in the child’s needs, or ongoing violations of the custody agreement.
• The court’s role: The court will evaluate whether a modification is in the child’s best interests, as this is the primary factor when making custody decisions in Texas.

Step 7: Seek Legal Advice

If your co-parent is consistently violating your custody order, or you’re unsure of the best steps to take, seeking the guidance of an experienced Texas custody lawyer is crucial. A lawyer can:

• Help you understand your legal rights and options.
• Assist with documenting violations and preparing legal filings.
• Represent you in court if necessary.

Having the right legal representation can help ensure that your case is handled properly and that your child’s best interests are protected.

You and Your Child Deserve Stability. Let Us Help You Take Action in the Face of Custody Violations! Contact De Ford Law Firm Today!

Custody violations are serious, so if you’re thinking this is just something you have to “power through,” think again! Our experienced Texas custody attorneys can help you understand your options, take steps to improve the situation, and take legal action on your behalf if the issue persists. Custody orders exist for a reason – to ensure a child and their parents can navigate their daily lives with stability and predictability. Let us give you the tools and guidance you deserve! Contact us today to schedule a free case evaluation and learn more about how we can help you move forward.