The family law attorneys of Blizzard and Zimmerman Attorneys stand ready to assist you in the enforcement of a child custody order.
One of the most heartbreaking aspects of divorce and custody cases is when children are caught in the middle.
Unfortunately, we see this scenario play out all too often. One parent will go to pick up the children, and the other parent will refuse to release them. This can result in a tense standoff, and sometimes even law enforcement getting involved. Of course, this only adds to the stress and anxiety that the children are already feeling. They should be able to spend time with both parents without having to witness a confrontation. That’s why it’s so important to have a clear custody agreement in place that outlines each parent’s rights and responsibilities. With a custodial schedule in place, there can be no confusion about when each parent is supposed to have the children. If one parent tries to interfere with the other parent’s time with the children, it can be grounds for enforcement action by the court. By having a schedule in place, you can help your children avoid experiencing this type of stressful situation.
In Texas, orders regarding the rights and duties of conservators create legal obligations that can lead to severe consequences if violated.
A Violation Triggers Legal Action
The violation of a court order concerning child conservatorship can be the basis of the following legal actions:
- A writ of habeas corpus for the return of the child
- A charge of contempt of court for violating the court’s orders
- Criminal liability for the crime of parental kidnapping
- Civil liability for the tort of interference with a parent’s possessory rights
If these have occurred contact us today to schedule a confidential one-on-one consultation with one of our family law attorneys to review your options.
There also may be an urgent need for an enforcement action so call today.
A court may hold a party in contempt of violating an order for conservatorship if they try to interfere with the other party’s ability to exercise their rights as a conservator.
A Texas court may also enforce conservatorship orders by holding the violator in contempt. Courts can also use their contempt power to enforce child support obligations that have already been determined by the court.
What if a Child Refuses to Go?
Passive contempt refers to a situation where the child refuses to go with the parent attempting to exercise their visitation rights. This can be a difficult and frustrating situation for both parents, particularly if the child is adamant about not wanting to go.
In some cases, the child may be acting out of fear or insecurity, and it may be necessary to work with a professional to help resolve the issue.
In other cases, the child may simply be acting out of defiance or spite.
Either way, it is important to remember that the child is not necessarily trying to cause problems; they are just trying to express their feelings. If you find yourself in a situation where your child is refusing to go with you for visitation, try to remain calm and understanding. Work with your ex-partner and/or a professional to come up with a plan that will meet everyone’s needs.
When parents share child custody, it is important that they both fulfill their parenting obligations. This includes being present for their scheduled parenting time, and having the child ready and willing to go.
If the parent with primary possession attempts to drop the child off without the other parent being present, or if the child refuses to go with them, this can be considered a violation of the custody agreement. In some cases, this may even be grounds for enforcement action.
Appellate courts have taken differing views on this issue, but it is clear that parents must take their custody responsibilities seriously. They must do this to avoid any potential legal penalties.
Possible Criminal Action
Texas law prohibits certain acts that may involve the violation of a court order for child custody. Texas Penal Code § 25.03 under Offenses Against the Family recognizes interference with child custody as a criminal offense punishable as a state jail felony.
So there can be serious legal ramifications for persons violating a court order for child custody.
Blizzard & Zimmerman Attorneys provides top-shelf legal services to parents seeking enforcemenet of child custody orders in the Abilene area.
Our experienced family law attorneys are available at your convenience. We will give your custody matter the personal attention it needs.
The family law attorneys of Blizzard and Zimmerman do much more than simply provide legal answers. They will spend the time needed to review your legal situation and explore a variety of solutions. Contact our Abilene law firm to discuss the Enforcement of a Child Custody Order today.
