Enforcing a Child Custody Order in Texas
Once a final order regarding child custody is issued from a court, all parties involved are legally bound to comply with the order’s provisions. It is not uncommon for a party of the custody suit to disregard the provisions within the court order. For example, a mother may be denying the father possession of a child during his court ordered possession periods. Parties that are not in compliance with court order can have an enforcement action filed against them in the court. An enforcement action can be brought by a person entitled to possession and access under a current court order.
A child custody court order can be enforced using a variety of methods. Each of the enforcement methods are not mutually exclusive and can be used in a combination depending on the factual circumstances of your case. Each enforcement method will provide a different type of remedial relief. Depending on the facts of your case, there may be several methods available to obtain relief for non-compliance of a court order involving possession and access of a child. Enforcement of a custody order can be done by the following methods:
Contempt is a method to enforce access or possession. Contempt is available whenever a party violates a possession or access order. Contempt is a type of punishment for misconduct and can be punished by fine, community supervision, or jail time. If a court finds a party in contempt, the party can face jail time of up to six months, a fine up to $500, or both, depending on the circumstances.
Clarification of an order can be sought when the language regarding possession or access is not specific enough to enforce by contempt. By filing a motion to clarify, a court can clear up any ambiguous provisions relating to possession or access of a child. The purpose of clarifying an already-existing order is so it can be enforced by contempt in the future.
Additional periods of possession or access can be ordered by the court to make up for times that a party has been denied court-ordered possession or access. This method of enforcement is often used in conjunction with other methods.
An application for habeas corpus can be filed to order the person who has possession of a child to surrender the child to the person who has the superior right of possession at that time. The child has to be in the possession of the person who does not have the superior right to possession or access to the child at that time.
Interference with the possessory interest of a person entitled to court-ordered possession or access is a legal cause of action that may result in monetary award for damages. Interference with the possessory interest of a person is when a person not entitled to court-ordered possession or access takes or retains possession of a child or conceals the child’s whereabouts. This particular method of enforcement applies to a noncustodial parent who “kidnaps” the child or a custodial parent who withholds the child from another conservator.
A petition for license suspension can be filed after an enforcement order has been rendered by the court. At that point, the person found in contempt can have their occupational, recreational, and motor-vehicle licenses suspended.
The enforcement methods available under Texas law can be used also to enforce out-of-state orders. Please inform your attorney immediately of court orders issued outside the state of Texas.
If you are party facing difficulties in following a court order child custody arrangement, please do not hesitate to contact our firm today. The Wright Firm, LLP Attorneys can answer any questions or concerns you may have regarding a custody order. Please contact us at (972) 353-4600.