After the court has handed down an order regarding child custody and visitation schedules, that court maintains the power to enforce the order if and when a parent does not comply with its provisions. For parents being denied access to their children, filing a prompt motion requesting enforcement is the best way to ensure that they have the time they deserve with their children.
For more than 25 years, family law attorney Paula Lock Smyth has been fighting vigorously to help clients enforce their right to parent when a co-parent violates a custody order. She works diligently to ensure that her clients understand their rights, and holds parties responsible for violations of custody and visitation agreements.
Enforcement Of Visitation Schedules
In Texas, possession schedules lay out the time that each parent will have with their children, generally specifying both the time and place where that possession should begin. When a parent is denied access to his or her children at a time specified by the court order, he or she can bring a motion for enforcement against the parent who violated the agreement. A threat to withhold access in the future is generally not considered a violation.
When a parent violates a custody, visitation or child support order, he or she is most commonly found in contempt of court. Being held in contempt can carry a variety of consequences, including jail time and fines. A court may also issue an order for specific performance, which allows for additional visitation time or support payments.
If you have been denied access to your children during visitation times granted by a court order, you can protect your rights. In many cases, a court will even require the other parent to pay your attorneys fees if he or she is found to have violated the court order.