When to Seek Support and Custody Order Enforcement

 Posted on February 20, 2024 in Child Custody

As a divorced parent, you have likely spent time and money establishing custody and child support orders with the court. However, what happens when your co-parent does not follow these legally binding arrangements? Unfortunately, violations happen all too often. You may need to enforce your existing orders if you face denied visitations, late or missing support payments, or other infractions. A Texas family law lawyer can be on your side throughout the process.

Visitation Interference

One of the most challenging situations for both parents and children arises when visitations are blocked. If your custody order grants you time with your kids but your ex-spouse refuses access, document details about denied visits. Also, note whether communication with children is impeded during your visitation time without good reason.

An attorney can file a contempt motion and request makeup time when visits are missed wrongfully. They may also seek other remedies depending on case specifics. For example, supervised transfers or video visitation may help with serial visitation interference. Your lawyer can send your co-parent warning letters initially. If reasonable efforts fail, harsher contempt sanctions through the court often become necessary.

Behind on Child Support Payments

Another common violation involves missed, reduced, or late child support payments. Start logging any incidents of inadequate funds immediately so details stay clear. Note dates and exactly how much back support accrues. Also, document any reason given for nonpayment.

There are administrative and court options for seeking unpaid support. Wage withholding, tax refund capture, license suspension, and contempt motions can pressure payment. Jail time is possible for those willfully not paying despite having the means to do so.

Relocation Without Notice

Custody orders also usually require written notice before moving children to substantial distances. Relocating a child can mean your visitation schedule becomes unworkable. Your lawyer can send a demand letter if your co-parent leaves town or changes schools without warning. This formally asks them to return and notify you properly in the future.

If discussions fail to bring compliance, your attorney can request an emergency court hearing. They can file a temporary restraining order to halt the move or transfer custody rights if your co-parent has relocated already. Getting an emergency motion before a judge quickly is essential so children do not stay relocated for long. This can help prevent further disruptions to their routine long-term.

Seeking Reasonable Order Changes

Contempt filings make the most sense for clear violations of black-and-white mandates. But custody orders contain some gray areas needing clarification, too. For example, disputes over the exact exchange times or who pays various child expenses arise frequently.

Before assuming ill intent, see if minor order adjustments could reduce conflicts. Your lawyer can send a proposal letter to possibly realign disputed areas mutually. If your co-parent will not compromise reasonably, your attorney can motion to modify orders more officially after proper notice.

Contact a Palo Pinto, TX Child Custody Attorney

Custody and child support violations often prompt complex legal analyses. Do not face the frustration alone or act hastily without legal representation. A Parker County, TX family lawyer can help navigate your case. Call The Law Offices of Kary L. Key at 817-599-6969 to start the process.