Katy Child Access Enforcement Lawyer
The arrangements agreed upon during a divorce usually determine who the main custodial parent will be and lays down all the details for visitation. Once agreed upon by a family law Judge, these agreements become court orders, meaning they must be followed by all those named within.
When one parent decides they no longer want to follow these orders, it can make things difficult for everyone involved. Many of our clients do not want to take legal enforcement against their ex-spouse as they wish to keep the children away from conflict and maintain an amicable relationship. However, your spouse is legally obligated to follow the court order, and they cannot simply decide to stop.
At Skillern Firm, we know how frustrating this can be for you, but we must remind you that you cannot withhold visitation in response to this. The best way forward is to involve an attorney who can speak to your ex-spouse directly, informing them that if they do not stop what they are doing, you will be forced to take the issue to the courts.
The attorneys here at Skillern Firm, have worked with numerous clients in similar situations over the years, giving us a clear insight into how to deal with each case that comes our way. Whether you are going through a divorce and need help with your child custody arrangements, we are ready to help.
Call our family law firm today to schedule a consultation at 936-213-8479.
Child Custody and Access in Katy, TX
Fighting a child custody case can be one of the most difficult aspects of any divorce. When it comes to the children, both parents usually think they are doing what is in the best interests of the child, but this often is not the case.
Children always stand a better chance of healthy development if they have access to both parents following the divorce. This means your Katy child custody lawyer and your family law Judge will often fight for a fair and reasonable joint visitation schedule.
There are three types of custody that may be awarded in a Katy, TX, child custody case:
The first type of custody is sole managing conservatorship. This type of custody is when one parent has the right to make every important decision on behalf of the child. This includes education, religion, and healthcare. If sole conservatorship has been awarded to one parent, the other parent does not have any legal right to make the decisions.
This type of custody is reserved for when the Judge believes that one parent should not have responsibilities when it comes to their child. This is usually the case when it has been shown that one parent is a danger to the child due to drug abuse, alcohol abuse, or domestic violence.
This does not mean that the other parent will not have visitation rights, although they may have to be supervised.
Joint custody, or joint managing conservatorship, is a custody plan where both parents have equal rights when it comes to making important decisions for the child. There will likely be a fair visitation schedule, with both parents having equal access to their child.
However, in one of these situations, one parent usually has primary custody, meaning they are the main caretaker for the child and the child’s residence is at their house.
A possessory conservator is similar to a primary conservator. They have visitation and access rights to the child but the difference is that they do not have any right to make important decisions for the child.
A possessory conservator has the following rights:
- Access to information about the child, including their education and medical records and information about their well-being
- Access to activities that the child takes part in, such as sports competitions or music recitals
- The right to consent to emergency medical treatment
Enforcing a Child Custody Order
When it comes to child custody orders, there is a legal obligation for those named to follow the terms laid out in the order. This order will include visitation schedules, who is the primary caregiver, and who has the right to make important decisions on behalf of the child.
If a parent does not follow the terms set out in the court order, the other spouse may be able to seek court involvement to enforce the order in court.
Some examples of not adhering to the order could include:
- Canceling visits with children
- Repeatedly showing up at the wrong time or bringing the child back early
- Repeatedly bringing the child back after the time they were meant to be returned
- Bringing the child out of the local area without permission
- Withholding visitation
- Using alcohol or drugs during visitation
- Other violations of a conservatorship order
If you are struggling with an ex-spouse who is refusing to follow the terms laid out in your custody order, the best step to take is to involve your attorney. They will be able to open lines of communication with your ex-spouse, informing them of the consequences they may face if they do not stop. If they continue to refuse to follow the order, we can help you take legal action.
Conservatorship Contempt Cases in Katy, TX
If a parent wishes to obtain the courts’ help and enforce a child access order against their ex-spouse, it begins by holding them in contempt of court. To do this, they file a Motion to Enforce. In order for this to happen, the person petitioning for the Motion, must prove that the other parent has refused to adhere to their custody arrangement and must back this claim up with evidence and affidavits.
The courts in Texas require an affidavit or petition that includes a detailed account of the violations that have occurred. This can include any of the incidents listed above, such as canceling visitation, using alcohol or drugs during visitation, or repeatedly bringing the child back early. For this stage, the more evidence you can provide to your attorney, the stronger your case. You might consider using text messages, images, social media posts or attempts to contact.
By working with an attorney from our law firm, we can help you build the compelling case you need to prove that your ex-spouse has refused to follow their order. We can file the enforcement motion on your behalf and ensure that you provide adequate evidence to back your claims.
If the Judge finds the parent in contempt of court, they could face fines of up to $500 and up to 6 months of jail time.
Child Custody Attorneys at Skillern Firm
Fighting for the future of both you and your children is important, and this means obtaining legal representation from a skilled attorney is crucial in child access enforcement cases. Here at Skillern Firm, we understand how emotionally charged these cases can be, and we are equipped to handle them in the best manner. We will defuse tempers, use mediation and open lines of communication with you and your spouse.
If this fails, we will fight on your behalf in court, ensuring that your ex-spouse is dealt with in the correct manner.
Our family lawyers are highly experienced and have won multiple awards for their hard work and dedication, including recognition by Super Lawyers, Expertise.com, Best of the Best Top 10 Family Law Attorneys, and high AVVO ratings.
Contact a Katy Child Access Enforcement Lawyer Today!
When a parent decides that they are not going to adhere to child custody arrangements, it can be a difficult situation. The best way to approach this is to obtain representation from an attorney with experience in cases just like yours. This makes the process less stressful and means it is less likely to end in conflict that affects the child.
We work with our clients from the earliest stage of the divorce proceedings through to the end. Our representation does not end with the divorce either. If you require a modification of an order later on down the line, or your ex-spouse is refusing to follow the orders, your attorney will be on hand to help.
Enforcing a child access or custody order can be difficult and stressful, and it is important that you have strong representation from your legal advocate to help you through the process.
Call Skillern Firm today at 936-213-8479 to schedule a consultation with an attorney from our firm.