Houston
Enforcement
Lawyer

Child Custody and Visitation Enforcement

Enforcing a custody order or visitation order often comes with its own set of hurdles. Some of the challenges frequently encountered in Texas include:

• Determining what counts as a visitation rights violation
• Verifying strict adherence to the visitation order
• Understanding the court’s ability to enforce these orders through different legal channels

Overcoming these hurdles requires presenting the issue, backed by comprehensive evidence, before district or county courts. This could include proof of compliance with the designated location, correct timing, and adherence to the stipulated day as set out in the court order.

That is where we come in. Our Houston enforcement attorneys provide valuable assistance by:

• Offering guidance on appropriate next steps
• Assessing the need for filing an enforcement action
• Providing direction on mediation processes to preserve important family relationships and protect the best interests of the child, all while enforcing the existing court order

Texas offers enforcement mechanisms such as:

• Wage garnishment
• Property liens
• Suspension of state licenses or benefits
• Involving law enforcement to uphold court-ordered visitation rights, which could result in jail time

These mechanisms are examples of enforcement actions that may be available under Texas law.

Enforcing The Obligations Of Your Divorce Decree

A divorce decree is a court order. It is not often that people purposely disregard this, but it does happen. At Skillern Firm Divorce and Child Custody Lawyers, we have the experience and know-how to seek enforcement of your Texas divorce decree. Non-compliance can result in:

• Contempt of court charges
• Potential incarceration for non-compliant parties
• Securing financial judgments
• Addressing parental relocation
• Navigating changes in financial situations

These are just a few of the challenges that may arise when enforcing a divorce decree.

How We Can Help With Enforcement Issues

Our attorneys can help you identify provisions of your decree that have been violated. We can then take the legal steps that may be necessary to address the situation if your ex-spouse is not following through on ordered provisions such as:

• Property division, including the failure to deliver or an unapproved sale of marital property
• Spousal maintenance payments
• Child custody and possession and access
• Child support payments
• Qualified domestic relations orders (QDROs)
• Attorney’s fees

At Skillern Firm Divorce and Child Custody Lawyers, our Houston enforcement lawyers can assist by:

• Identifying violations of the divorce decree
• Taking legal steps to seek enforcement of its terms, such as requesting wage garnishment for spousal support or filing a motion for enforcement
• Filing a contempt of court motion if an ex-spouse has violated the decree and a motion is permitted under the applicable deadlines
• Requesting enforcement of property division if an ex-spouse fails to follow the court’s orders

The court that issued the decree has the power to enforce the provisions of that decree. Legal actions can be taken that require the other party to comply with the court order or face contempt of court. Those in contempt could face jail time.

Our attorneys will advocate for you and guide you to the path for enforcement that best fits your situation. We will attempt to first use reasonable and appropriate measures to seek compliance. When the situation warrants, we will employ more assertive measures.

What To Expect In A Houston Enforcement Case

When you are considering enforcement, it can help to understand the general path a case may follow in the Houston area. While every situation is different, most matters begin with a detailed review of the existing court order and a careful comparison to what is actually happening day to day. From there, we help you decide whether a formal filing is appropriate, or whether a letter, negotiation, or mediation session may resolve the problem more quickly and with less conflict for everyone involved.

If a filing is necessary, enforcement cases are typically brought in the same court that issued the original order, such as one of the Harris County family courts. We prepare the written pleadings, gather records that support your position, and explain what will happen at each hearing so you know when you may need to testify and what kinds of questions are usually asked. Understanding each stage—from filing to possible settlement talks to a final hearing—can make the process less intimidating and help you feel more prepared.

During the case, the judge may encourage you and the other party to resolve some or all issues by agreement. Our role is to advise you about whether a proposed agreement truly protects your interests, especially in areas like child support enforcement or long-term property obligations. If an agreement cannot be reached, we present your evidence to the court and ask for clear, enforceable orders going forward, with the goal of reducing future disputes and giving you more stability.

When you come to us with child support enforcement or other post-divorce problems, we explain how the Harris County family courts generally handle similar situations and what we have seen work for other families. We walk you through the documentation you should begin gathering, such as payment records, messages, and calendars, so that when we file or respond to an enforcement action your position is clearly supported. By taking a systematic approach from the beginning, we help reduce surprises and give you a more predictable path through a stressful process.