Child Custody Enforcement Attorney Round Rock, TX
Practice Areas
Our child custody enforcement attorney in Round Rock, TX, is dedicated to helping parents enforce child custody and visitation rights. If you’re struggling to enforce custody or have been denied visitation, it’s important to act quickly to protect your parent-child relationship. Our Round Rock family law firm helps non-custodial and custodial parents file motions for enforcement in family court, ensuring that your parental rights are upheld.
Don’t let violations of your child custody order disrupt your time with your child. Contact the Law Office of Katy M. Lovett, PLLC, today to discuss your child custody enforcement case. Call us at 512-956-5356 to schedule a consultation.
Understanding Child Custody Orders in Texas
In Texas, child custody orders outline each parent’s rights and responsibilities regarding the care and upbringing of their child. There are two main types of custody arrangements: sole custody and joint custody.
In sole custody, one parent has primary rights over decision-making, while the other parent may have visitation rights. Joint custody, on the other hand,generally allows both parents to share legal decision-making responsibilities and can involve both parents in spending time with the child based on an agreed visitation schedule.
Child custody orders are established through a family court during divorce or suit affecting parent-child (for parents who are unmarried) proceedings. The court order will reflect what the judge believes is in the child’s best interest, considering factors such as the child’s well-being, the parent-child relationship, and each parent’s ability to care for the child. In many cases, parents may agree on parenting plans, which the judge signs to make it legally binding.
Reasons to Deny Visitation in Texas
In Texas, a custodial parent may have valid reasons to deny visitation to the other parent, but it must be based on serious concerns regarding the child’s safety and well-being. Some common reasons that parents may be denied access include instances of abuse, neglect, or drug or alcohol abuse by the other parent. If the custodial parent believes the child is at risk of harm, they may take action to temporarily deny visitation order. If there is a court order in place, neither parent may violate the terms of the order and deny access without the court’s approval in the form of a new court order.
Reasons to Deny Overnight Visitation in Texas
Denying overnight visitation may be allowed by the court if the child’s safety is compromised by spending extended time with the non-custodial parent. This denied access to overnight visits could be influenced by an unsafe home environment, unstable living conditions, or the parent’s inability to provide adequate care overnight. Concerns about substance abuse, violent behavior, or the presence of dangerous individuals in the household can also justify denying overnight visitation so long as the person seeking to deny the possession obtains consent of the court to deny the visitation.
Common Violations of Child Custody Orders in Texas
One of the most common custody violations is withholding visitation, where the custodial parent refuses to allow the non-custodial parent their scheduled parenting time, which disrupts the parent-child relationship.
Another serious custody violation is parental kidnapping, where a parent takes the child without permission or outside the terms of the custody order. Other violations include interfering with legal rights, such as making decisions about the child’s education or healthcare without the other parent’s involvement or failing to follow the agreed visitation schedule.
Legal Options for Enforcing a Child Custody Order
Parents can pursue visitation enforcement when a child custody order is violated in Texas. The Texas Family Code provides guidelines on how to address non-compliance with visitation orders and outlines the process for holding the other parent accountable.
If one parent fails to adhere to the court order, the other parent can file a motion requesting the court intervene and compel the non-compliant parent to follow the custody order. The visitation enforcement process includes gathering evidence that demonstrates the other parent is failing to comply with the custody agreement. The court will review the motion and may hold a hearing to determine whether the violation occurred.
Motion to Enforce Parenting Time
A motion to enforce parenting time is a legal request used when one parent is denied their scheduled parenting time under a visitation order. This motion asks the court to enforce the agreed-upon visitation schedule and ensure that the custodial parent allows the other parent to exercise their visitation rights. When filing this motion, the parent seeking visitation enforcement must demonstrate how the other parent has violated the court-ordered schedule.
Penalties for Violating Child Custody Orders in Texas
If one parent consistently denies the other parent their visitation rights or refuses to follow the visitation schedule, the court may impose fines or require make-up parenting time to compensate for the missed visits. In cases of more serious custody violations, the offending parent could be held in contempt of court, resulting in jail time.
When violations are repeated or particularly serious, the court may take stronger actions, including modifying the custody arrangement. For instance, a parent who repeatedly violates a custody order may lose their parental rights to decision-making or have their visitation rights reduced or supervised.
How a Family Law Attorney Can Help Enforce Visitation in Round Rock
A Round Rock family law attorney can be a crucial advocate for enforcing visitation rights. If a custodial parent is refusing to follow the visitation order or denying your parenting time, a child custody enforcement attorney can help you file a motion to enforce visitation in family court. The attorney will gather evidence of the violations, present your case, and advocate for your rights.
How to Modify Child Custody Orders in Texas
To modify a child custody order in Texas, you must show that there has been a significant change in circumstances affecting the child’s well-being or the ability of one parent to care for the child and the requested modification is in the child’s best interest.
To start the modification process, a motion must be filed in family court requesting a change to the existing custody order. The court will review the case and decide based on the child’s best interests. A Round Rock family law order modification lawyer can assist you in presenting evidence and advocating for a modification that better reflects the current needs of your family.
How to Enforce Child Support in Texas
When a parent fails to pay child support as required by a court order, the custodial parent can seek enforcement through the court. To enforce child support in Texas, the parent owed child support can file a motion to request enforcement of child support orders.
The court may take actions against the parent not paying child support, such as garnishing wages, placing liens on property, or even suspending the non-paying parent’s driver’s license. In cases of extreme non-compliance, the non-custodial parent may face fines or jail time. A Round Rock child support enforcement attorney can assist in filing the necessary motions, ensuring that child support orders are enforced, and helping you receive the financial support your child needs.
Texas Child Custody Enforcement FAQs
Can a Legal Guardian Deny Visitation in Texas?
In Texas, a legal guardian cannot deny visitation if a valid court order grants visitation rights to a parent or another party. If there are concerns about the child’s safety or well-being, the legal guardian may need to request a formal modification of the custody order through the court rather than denying visitation.
When Can You Deny Visitation To The Non-Custodial Parent in Texas?
In Texas, visitation can only be denied to the non-custodial parent if there are serious concerns about the child’s safety or well-being, such as instances of abuse, neglect, or substance abuse and the custodial parent has obtained the consent of the court to modify the non-custodial parent’s access to the child.. If a custodial parent believes the child is in danger, they should take immediate legal action to modify the visitation order.
Can I Deny Visitation If There is No Court Order in Texas?
If there is no court order in place in Texas, the custodial parent technically has the right to deny visitation. However, without a formal custody order, both parents have equal rights to the child, which can create confusion and potential legal issues.
Can a Police Officer Enforce a Child Custody Order in Texas?
In Texas, a police officer can assist with enforcing a child custody order in certain situations, but they require a specific court order called a “writ of habeas corpus” or a “writ of attachment.” These orders direct law enforcement to help retrieve a child or enforce the custody arrangement.
Can You Deny Visitation for Unpaid Child Support in Texas?
In Texas, you cannot deny visitation to the non-custodial parent due to unpaid child support. Visitation rights and child support payments are treated as separate legal matters. Even if the other parent does not pay child support, the custodial parent must follow the visitation order.
If Father Doesn't Pay Child Support, Does He Get Visitation in Texas?
In Texas, a father is still entitled to visitation rights even if he does not pay child support. Visitation and child support are treated as separate legal matters, meaning a failure to pay child support does not affect the father’s visitation rights.
How Severe Does a Custody Agreement Violation Have to be Before a Court Will Help Me?
A custody agreement violation does not need to be extreme for the court to help. Any violation of a custody order can be grounds for legal action. The severity of the violation will influence the court’s response, but even minor violations can warrant enforcement.
Can a Child Be Forced to Visit a Parent?
In Texas, if there is a court-ordered custody or visitation schedule, the child is generally required to follow it, meaning they can be expected to visit the non-custodial parent as outlined. However, the custodial parent should bring these concerns to the court if the child refuses to visit due to safety concerns or other serious issues.
What Happens if You Don’t Follow a Court Order for Visitation?
If you don’t follow a court order for visitation in Texas, you may face serious legal consequences. The non-compliant parent can be held in contempt of court, resulting in fines, mandatory make-up visitation, and even jail time in severe cases.
What Happens When You Are in Contempt of Court for Child Custody?
When you are in contempt of court for violating a child custody order in Texas, the court may impose penalties, including fines, mandatory make-up parenting time, or even jail time in more severe cases. Additionally, being in contempt may lead to a modification of the custody arrangement.
Round Rock Child Custody Enforcement Attorney
If you’re facing child custody issues or have been denied visitation, don’t wait to take action. At the Law Office of Katy M. Lovett, PLLC, our dedicated Round Rock child custody enforcement attorney is here to help you protect your rights and ensure that the court order is followed. Contact us today at 512-956-5356 to schedule a consultation and take the first step toward safeguarding your parent-child relationship.
At the Law Office of Katy M. Lovett, PLLC, you are not just a case number. Our family law attorney takes the time to listen to your concerns, understand your goals, and develop a strategic approach that aligns with your needs under Texas law.
