Are you frustrated by an ex-spouse or parent of your child violating the terms of a visitation court order? You’ve put up with it a few times and maybe even tried talking to that person concerning the violation, but now it’s happening on a consistent basis.
If you are currently experiencing any of these difficulties, then you may have questions about how to enforce a court order for visitation in Texas:
- The person who also has rights to your child is attempting to see the child on a different day than allowed.
- The parent could be extending their visit beyond the terms of the court order.
- They might be picking up or dropping off the child at the incorrect place or time.
- They could be attempting to change the overall visitation schedule without the court’s authorization.
- The parent might be attempting to visit or contact the child outside the times listed in the visitation order.
- Worst of all, the parent could be denying your visitation rights according to the order.
Whether these offenses are intentional or unintentional, a violation of the court order is worth taking to court. Either way, if there is a pattern of violations infringing on your visitation rights, your case should be presented to a judge.
In this case, you need to work with an experienced family law attorney to help enforce the original court order. I will help build your case and fight for your visitation rights in court. So, how do you enforce a court order for visitation? Allow me to provide you with a better understanding so that we can be successful in court.
Steps to Successfully Enforce a Court Order for Visitation
1. Gather Evidence and Make Records
Once a court-ordered visitation starts, it is important that you keep records of each visitation. If you haven’t been keeping records from the beginning, start keeping records once the violations begin. The sooner you start keeping detailed records, the better you can help your cause. During a court hearing, you will need to provide specific examples of the other parent violating the visitation order.
A helpful reminder is to keep records by noting the violations on your calendar. You could even collect timestamped text messages, voice messages, or social media posts that capture the violation. You may also want to bring a witness who can testify that the other parent is not following the order; the more information and evidence, the better.
2. Form a Strong Case
When you have good records and documentation of the violating behavior, I can help you form a strong case. It often helps, too, because when the other party is requested to appear in court, they suddenly realize that you mean business, and this is a serious issue. They may even choose to start following the terms of the visitation order.
If not, then you can use all of the gathered evidence to show dates, times, and circumstances when the other person neglected the visitation order, failed to follow the order, or completely disobeyed the order. Evidence to support intentional violations will carry a significant amount of weight in the court.
3. Get the Court to Enforce the Order
In court, the goal is to get the court to enforce the order and compel the other party to comply with the original terms of the visitation order. You will be given a chance to present your records and evidence, and the violating parent will have to explain why he or she appears to be in violation of the court order. The stronger the proof that the other parent is violating your visitation rights, the more likely the judge is to rule in your favor.
The judge may ask you questions or let you tell your side to clarify certain records and information. It is critical to work through each aspect of the hearing to increase your chances of a favorable decision. Then, once the court enforces the order, there will be new terms that the other parent will have to adhere to.
4. Post-Enforcement Follow-up
For the offending party, there are many consequences of violating a visitation order. Consequences may include contempt of court or even criminal charges. Criminal charges are typically filed in extreme situations and usually result from repeated violations.
If the parent continues to violate a court-ordered visitation schedule, it will reflect on their record. Repeat violations of visitation orders can also affect the violating party’s rights in different areas, such as their rights to future custody. It’s a big deal.
Let’s Get to Work on Enforcing the Court Order for Visitation
If you are concerned about the other parent violating the terms of a court order related to visitation, then you are not alone. I have worked with countless parents in Fort Bend County, Brazoria County, and Harris County to protect their parental rights for visitation. As a Texas family law expert, I’ll help you form the strongest possible case to present to the court.
Violating visitation orders can have negative consequences on the child, who feels torn between the parties. Take action now for the sake of your child. Work with me to enforce the order so that there’s peace of mind for both of you.
If you have more questions about how to enforce a court order for visitation in Texas, or if you’re ready to get started building your case, then call my offices at 281-944-5485 or 979-267-7660 for a consultation. Let’s protect your parental rights to visit your child.