Custody Modification and Enforcement
When a Custody Order No Longer Works
Child custody and visitation orders are intended to provide stability for children and parents. However, family circumstances can change over time, and there are situations when an existing order no longer meets a family’s needs or when one parent refuses to follow it. Texas law allows parents to request a modification of certain custody orders or ask the court to enforce an order that is being violated.
With more than 30 years of family law experience, Paula Lock Smyth helps parents pursue custody modifications and enforcement actions while keeping their children’s best interests at the center of every case.
When Can a Custody Order Be Modified?
A child custody order is not necessarily permanent. If there has been a material and substantial change in circumstances, a court may approve modifications involving conservatorship, possession schedules, or other custody-related matters.
Common reasons for requesting a modification include:
- A parent’s relocation
- Changes in a child’s needs
- Significant changes in a parent’s work schedule
- Concerns about a child’s safety or well-being
- One parent is no longer following the existing parenting schedule
When deciding whether to modify a custody order, the court will consider whether the requested change is in the child’s best interests.
How Are Custody Orders Enforced?
When one parent does not comply with a court-ordered custody or visitation schedule, the other parent may ask the court to enforce the order. Enforcement actions are intended to encourage compliance while protecting a parent’s court-ordered rights.
Examples of custody order violations may include:
- Denying court-ordered parenting time
- Repeatedly failing to return a child at the required time
- Refusing to follow exchange locations or schedules
- Violating other provisions of a custody order
Depending on the circumstances, the court may order make-up parenting time, attorney’s fees, fines, or other remedies permitted under Texas law.
Do You Need to Modify or Enforce a Custody Order?
Not every disagreement between parents requires court involvement. However, when circumstances have changed significantly or a parent consistently refuses to comply with an existing court order, legal action may become necessary.
An experienced family law attorney can evaluate your situation, explain your options, and help determine the most appropriate course of action based on your family’s circumstances.
Experienced Representation for Custody Matters
With more than 30 years of family law experience, Paula Lock Smyth represents parents seeking custody modifications and enforcement of existing court orders. She works closely with clients to understand their concerns, explain the legal process, and pursue solutions that protect both their parental rights and their children’s best interests.
Protect Your Relationship with Your Child
Whether you need to modify an existing custody order or enforce one that is being ignored, taking prompt action may help prevent additional problems and provide greater stability for your family.
Contact Paula Lock Smyth Law Offices at 214-420-1800 or contact us online to schedule a consultation.
Frequently Asked Questions
When can a child custody order be modified in Texas?
A court may modify a child custody order when there has been a material and substantial change in circumstances and the requested modification is in the child’s best interests.
What if the other parent refuses to follow the custody order?
You may be able to ask the court to enforce the order. Depending on the circumstances, the court may order remedies such as make-up parenting time, attorney’s fees, fines, or other relief authorized by Texas law.
Can parents agree to change a custody schedule without going to court?
Parents may agree to temporary changes; however, permanent changes must be approved by the court so they become legally enforceable.
Can a parent relocate with a child after a custody order has been entered?
It depends on the terms of the existing order and the specific circumstances. Many custody orders include geographic restrictions or require court approval before a parent relocates with a child.
Is there a waiting period before requesting a custody modification?
In some situations, a parent must wait before requesting certain custody modifications. However, there are important exceptions, particularly when a child’s safety or welfare is involved.
