Child custody hearings in Texas can have a long-term impact on everyone involved. The judge will decide where your child lives, how often they visit the other parent, and how much support the non-custodial parent must pay.
Judges expect both parents to be in court, and you should want to be involved as well to ensure that your rights are protected. To encourage both parents to participate, a judge can punish a failure to appear in court for child custody matters. Find out how this works in our state.
What Is Considered Failure to Appear in Court for Child Custody?
A failure to appear occurs when someone does not attend a hearing. In the state of Texas, the intent does not matter. It does not matter if one person overslept, ran out of gas, or simply chose not to appear – the judge focuses on whether they were present.
If the parent has a reasonable excuse and informed their attorney ahead of time, the court may choose to postpone the hearing date. A judge usually reserves punishment for when someone gives no reason or misses several scheduled court dates without making an attempt to communicate.
Punishing a Failure to Appear in Court for Child Custody Hearings
Judges typically do not look kindly on an individual who ignores a custody hearing. Not only does it show a disregard for the law, but it also impairs a judge’s ability to make the appropriate ruling.
Texas law guides judges to act in the best interests of the child. If one parent is not present for a hearing to provide information and present evidence to the court, the judge’s decision will be difficult.
Therefore, if someone fails to appear, the other party’s attorney can move to hold them in contempt of court for missing the hearing. The judge can also act on their own motion. The judge can impose any of the following penalties for contempt of court in Texas:
- A fine of up to $500
- County jail for up to six months
- Both a fine and jail
Some factors that might affect the amount of a fine or jail time for not attending a court hearing include the following:
- The party’s effort to communicate
- How often they have missed hearings
- What they were doing instead of attending court
For example, a judge would more likely order a party to jail if they repeatedly missed hearings and did not communicate at all.
Effects of Missing Hearings
While a judge might delay a hearing for an individual who put forth effort to explain why they could not make the court date, they will not delay a case forever. Parents who prolong a case through their inability to attend court could create more issues for themselves, including:
- Making a bad impression on the judge
- Not being present to give their side of the story
- Showing they might not be responsible enough to care for children
When the judge issues a final custody order, the party who missed court risks not receiving the outcome they desired.
Contact a Family Law Attorney to Learn More
Failure to appear in court for child custody hearings is a serious matter. It disrupts the court’s work to determine what’s in the best interest of your child and can delay the case. When a no-show happens too often or without cause, a judge can act.
Whether you are concerned about not being able to make a hearing or want to know how to take action against the other parent who is failing to attend hearings, we can help you out.
Our law practice focuses exclusively on family law matters, making us experts in child custody cases. Our caring and knowledgeable attorneys can provide you with the support you need during this difficult time to ensure that your rights are protected.
We currently represent parents in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact our Angleton law office at 979-267-7660 or our Sugar Land office at 281-944-5485 to speak with a local attorney about your child custody legal matter.
Find the legal support you need – no matter what side you are on.