Parents who divorce or legally separate typically set up a custody arrangement for their children. This arrangement usually determines who the main custodial parent will be and sets out visitation access for the other parent or non-custodial parent. In the majority of child custody cases in Sugar Land, both parents share the right to make important decisions in a child’s life and have a duty to be present in their life.
However, when one parent does not meet their child custody obligations, the other parent reserves the right to take enforcement action against them. At Skillern Firm, we know how frustrating it is when one parent does not meet their custody obligations, and how this can negatively impact and disrupt your child’s development. Our child custody lawyers want to help you restore a stable home by assisting you in taking enforcement action against the other parent.
Our law firm has helped many clients in Sugar Land and throughout Fort Bend County to enforce child custody orders against their ex-partners. Our client-focused law firm specializes in family law and we have significant experience with cases similar to yours. We want to provide compassionate, fierce advocacy to you and help you in any way we can.
Call our family law firm today to schedule a consultation at 936-213-8479.
Child Custody and Access in Sugar Land
Child custody battles can often be the most difficult part of a divorce decree or separation. Both parents usually have different ideas on what custody arrangement is best for the child, and may struggle to come to an amicable agreement. The Texas Family Code provides that the best interest of the child shall be the primary consideration in all child custody decisions. Usually, this means a joint custody arrangement, where both parents have access to the child.
However, there are three different types of custody arrangements that can be arranged in Sugar Land:
Sole managing conservatorship, or sole custody, is when just one parent has custody of the child. In this arrangement, the custodial parent reserves the right to make all important decisions regarding the child. Most Judges try to avoid this type of arrangement unless there are valid reasons, such as domestic violence, child abuse, or similar situations that negatively impact the child. If the other party wants to have access to the child, you may need to get a court order for supervised visitation.
Joint Managing Conservatorship or joint custody is when both parents share obligations and duties relating to the children. In this arrangement, both parents have an equal say in important decisions made in the child’s life, including where they go to school, their religion, and medical decisions.
This means that the child’s primary residence is with the main caregiver, or primary conservator. As such, the other parent has access and visitation rights to the child.
A possessory conservator has similar rights as the primary conservator, however, they do not have a say in important decisions in a child’s life, such as their education, religion, and medical decisions. They do have visitation and access rights to the child though, in addition to:
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
With a child custody order, parents are required to abide by the terms set out in the order. This includes the visitation schedule, their conduct during the time spent with their children, and decision-making. When a parent does not adhere to the terms set out in the court order, it is possible to enforce the order in court.
Some examples of not adhering to the order could include:
Canceling visits with children
Repeatedly showing up late or bringing the child back early
Repeatedly bringing the child back late
Bringing the child out of the local area without permission
The presence of another party during visitation without permission
Using alcohol or drugs during visitation
Other violations of a conservatorship order
If your ex-spouse or partner is not respecting the terms of the custody order, an experienced family lawyer from our law firm can help get the order enforced in court. Because custody court orders are formed in civil law rather than criminal law, you will need to bring the case to a Sugar Land court to get it enforced. Police do not have jurisdiction to carry out enforcement action in civil matters.
Conservatorship Contempt Case Sugar Land
For a parent to enforce a child access order in court against the other guardian, they must hold them in contempt of court by filing a Motion to Enforce. To do this, the petitioner parent must prove, using substantial evidence and affidavits, that the other parent did not adhere to the custody arrangement.
Sugar Land courts require a petition or affidavit with detailed accounts of all violations of the custody agreement. 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. The more evidence you have to prove wrongdoing, the better chances you have at successfully finding them in contempt. This evidence could include text messages, attempts to contact, images, and statements.
A family law attorney from our firm can help you gather the evidence to prove contempt and file the enforcement motion on your behalf. We can help you petition the Judge to get the order enforced. 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
Having an aggressive and experienced attorney in child access enforcement cases is essential. At Skillern Firm, we understand how difficult these cases are and we want to do everything in our power to help protect the best interests of your child and ensure that both parties adhere to the court-ordered custody arrangement.
Our law firm has the experience, resources, and skills necessary to help you take legal action against the parent not adhering to the order and get a positive outcome for your case. Our firm prioritizes mediation, and we will try to enforce the order through effective communication if possible. However, if your custody case requires it, we will fight aggressively on your behalf in court.
Our law firm dedicates substantial time and effort to each case that comes through our doors. We know that custody cases are sensitive, and we want to ensure that you feel comfortable and protected going through the legal process. 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.
When you hire us as your legal representative, you can feel confident that you will get the highest standard of legal care possible.
Contact a Sugar Land Child Access Enforcement Lawyer Today!
Child custody cases can be extremely tough, particularly when a parent is not adhering to the terms set out in the agreement or divorce decree. Having an experienced family law attorney to help enforce the order and mediate on your behalf can make the process a lot less stressful and ensure that your and your children’s rights are protected.
At Skillern Firm, we understand the difficulties that parents face going through a divorce or separation, and how this can affect the relationship they have with their children. Our family law firm focuses on protecting clients, providing fierce defense, and guiding families through tough issues. Our lawyers work tirelessly to ensure that our client’s best interests are protected and they get the best possible outcome for their cases.
Enforcing a child access or custody order can be complex and it is important that you have strong legal counsel to help you through the process.
Call Skillern Firm today at 936-213-8479to schedule a consultation with a Sugar Land attorney from our firm.