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Child custody disputes can be challenging, especially when one parent refuses to follow a court-ordered custody arrangement. In Texas, custody orders are legally binding, and failing to comply can lead to serious consequences. If an ex-partner in Houston is not following the custody agreement, there are legal steps that can be taken to enforce the order and protect parental rights.
Understanding Custody Orders in Texas
Custody arrangements, legally known as conservatorship orders, outline how parents share responsibilities and visitation schedules. Texas courts issue these orders based on the child’s best interests, ensuring stability and fairness. However, when one parent refuses to comply, it can create unnecessary conflict and emotional distress for both the child and the other parent.
Steps to Take if an Ex is Violating the Custody Order 1. Document Every Violation
Keeping a detailed record of every instance where the custody order is not followed is essential. This includes:
- Missed visitations
- Refusals to return the child on time
- Interference with parental communication
- Any written or verbal confirmation of non-compliance
Having thorough documentation strengthens the case when seeking legal enforcement.
2. Attempt to Resolve the Issue Amicably
Before taking legal action, it may be helpful to communicate with the other parent to understand the reasons for the violation. In some cases, misunderstandings or unforeseen circumstances may be the cause. If open discussions do not resolve the issue, mediation may be an alternative way to reach a resolution without going to court.
3. File a Motion to Enforce the Custody Order
If the violations continue, filing a Motion to Enforce Custody Order with the Texas family court is the next step. This legal action requests the court to uphold the custody arrangement and address any violations. A judge may order:
- Makeup visitation time for the non-violating parent
- Fines or penalties for the violating parent
- Mandatory counseling or parenting classes
- Possible jail time for severe violations
4. Request a Modification of the Custody Order
If repeated violations occur, modifying the custody arrangement may be necessary. A parent can request a custody modification if:
- The other parent consistently refuses to follow the existing order
- The violations negatively impact the child’s well-being
- A more structured or supervised visitation schedule is needed
The court will review the evidence and determine if adjustments to the custody arrangement are in the child’s best interest.
5. Involve Law Enforcement If Necessary
Texas law considers interference with child custody a serious offense. If a parent refuses to return the child or violates the custody order in a way that endangers the child, law enforcement may intervene. In extreme cases, charges of parental kidnapping may apply.
Legal Help for Custody Order Violations in Houston
Navigating custody disputes can be stressful, but legal support is available. Mokolo Law Firm provides expert guidance to parents facing custody challenges in Houston and throughout Texas. Whether seeking enforcement or modification of a custody order, their legal team is dedicated to protecting parental rights and the well-being of children.
If an ex is refusing to follow the custody agreement, Mokolo Law Firm can help take the necessary legal steps to enforce the order and secure a fair resolution. Contact them today for professional legal assistance.
