Filing Contempt of Court Custody in Texas

In Texas, orders made by a family court in family law cases may be enforced by obtaining a contempt of court order addressed to the person who intentionally fails to comply with an order. Per Texas child custody laws, among the orders that can be enforced by finding a violator in contempt of court are as follows:

• Orders regarding child custody and visitation
• Orders regarding the payment of child support
• Orders regarding the payment of spousal support
• Protective orders and restraining orders
• Orders regarding the division of property
• Orders regarding the declarations of disclosure
• Obligations that arise from a marital settlement agreement
• Liability for debt from the marriage
• Orders to seek employment
• Orders regarding attorney fees and costs.

There are several types of contempt in Texas. Direct contempt happens in a court proceeding when a person in the courtroom tries to interfere with court proceedings. For example, a person who repeatedly interferes with a child custody hearing by talking while the judge or making threats against the other parent could be held in direct contempt of the court.

Indirect contempt occurs outside of a courtroom when one party knowingly violates a court order issued by a judge.

To obtain an order that finds another individual in contempt of a court custody agreement or a family court custody order, the party who alleges a violation can force them to comply with the order by filing a motion for child custody contempt. This motion asks the court to schedule a hearing.

At the hearing, the parent who is alleged to have violated a court order must explain and justify their failure to comply. The court considers the evidence presented and such factors as the clarity of the original order, whether the violating party has been able to comply and understands what compliance is required, and the nature of the misconduct.

The parent who violated the custody order may be found in contempt of court and ordered to comply with the order or be subject to penalties.

A lawyer consultation with a Texas lawyer would provide an individual with more information about family court orders and contempt of court for violation of these orders.

Violating a court order and being found in contempt of court is a criminal offense. In order for the other party to be found guilty of contempt of court and sentenced to the punishment provided by law, the petitioning party must be able to present evidence to prove the following:

• There is a valid court order and its content is clear.
• The spouse accused of contempt knows about the court order.
• The spouse accused of contempt intentionally violated the court order.

What Is Contempt of Court for Child Custody?

A healthy parent-child relationship entails regular communication between the child and the parent. Often, non-custodial parents still have the right to regular communication with their child, such as weekly phone calls or video chats.

The other parent is not allowed to prevent or interfere with that right to communication as provided for in a child custody order. Even if the custodial parent thinks that the non-custodial parent displays unacceptable behavior or says things that they think the child should not hear, the solution is not self-help measures to prevent all communication.

A parent can violate a custody order by making the child unavailable at the pre-arranged times for phone calls. It would also be a violation to withhold the necessary technology for a video call.

Again, non-custodial parents usually have visitation rights. The non-custodial parent may try to prevent these visitations, if they do not want that relationship to continue for some reason. Again, one parent should not resort to self-help measures with respect to another parent’s rights. It is a better idea to go to court to get the changes a parent wants.

Violation of a visitation order can lead to a person being held in contempt of court. Texas law provides legal procedures for resolving these issues, such as seeking changes in custody and support orders or seeking to enforce them if lack of compliance is a problem.

What Happens if the Other Parent Does Not Follow a Court Order in Texas?

What a parent should do depends in part on the nature of the violation, especially how serious it is. A person should keep a diary of all violations. This can help if the person decides they want to enforce an order by going to court. A parent has choices as follows:

• A person can contact the local law enforcement and ask them to enforce an order in some circumstances.
• If a person thinks the other parent has abducted their child, they can contact the district attorney in the county in which they live. They can ask the child abduction unit of the county district attorney’s office for help.
• A parent can file a contempt of court petition. This petition asks the court to enforce the order and make a finding that the other parent willfully disobeyed the court order. This can have serious consequences for the other parent as it is a criminal offense to violate a court order. It can lead to the violator serving time in jail.
• A parent can ask to change the order so it works better in your situation.

Violation of a child custody order in Texas can lead to criminal contempt proceedings. A person should talk to a Texas lawyer and seek modification of an order that does not work for them rather than violating the order.

What Happens When You Violate a Court Order for Child Custody?

If one parent subject to a child custody order violates the order, they can face legal consequences. The other parent has the options noted above, such as contacting law enforcement if the violation is serious enough.

In extreme cases, a parent may be forced into violating a custody order because of an immediate threat to the child. For example, if the other parent is known to be abusive or keep illegal items in their home, a person cannot be expected to expose their child to danger.

However, the parent should immediately inform the court of the threat to avoid facing consequences. For parents with good reason to question whether their child is safe with the other parent, “no contact” rules are an option to discuss with a family law attorney and the court.

What Are the Consequences of Contempt of Court in Child Custody?

The consequences of being found in contempt of a court order of the type noted above, includes the following:

• Jail Time: Under Texas law, a person found in contempt of a child support or visitation order may be sentenced to a term of imprisonment in jail for a maximum of 6 months. The term of imprisonment could be longer for a frequent violator. A judge would have the discretion to impose additional terms of imprisonment if the original term did not produce a change in the violator’s behavior.
• Payment of a Fine: A person who is found in contempt could be ordered to pay a fine of up to $500 for each violation. A person could be found in contempt more than once, paying a fine for each violation.
• Attorney’s Fees and Court Costs: An offender could also be forced to pay attorney’s fees and court costs for a hearing to enforce a court order. A judge can issue a money judgment that would require the violator to pay the attorney’s fees of the party who petitioned to enforce the court order.
• Community Service: An offender could be placed on probation for failure to comply with a court order. Under Texas law, a court can sentence a violator to community supervision if the court finds that a violator has acted in a way that affects the parent-child relationship.
• Reduced Privileges: The court can also reduce the privileges of a person who is found to have violated a court order. For example, the court might limit a parent’s ability to see their child. Or, the parent could be subject to supervised visitation.

A person who has violated a court order regarding visitation or custody might be subject to a court-ordered drug test procedure in Texas. If the person tests positive for the use of controlled substances, it can affect custody of their child. The other parent may be given sole custody. It might also affect their visitation. The parent might be limited to supervised visitation, in which another adult monitors the visitation to ensure the child’s safety.

A parent who is dissatisfied with their custody court order should avoid violating the order. They should go to court and seek modification of custody in Texas that does not work for them.

How Do I File a Complaint for Contempt of Court for Child Custody in Texas?

As noted above, the first step in filing for contempt of a custody order with the goal of finding another individual in contempt of an order is to file a Motion for Enforcement in the court that issued the original family law order. This motion should summarize the specific violations committed by the alleged violator and the remedy sought.

Do I Need a Texas Lawyer for a Contempt of Court of Child Custody Issue?

If you have trouble with another parent who constantly violates a custody order, you want to talk to a child custody lawyer in Texas. LegalMatch.com can put you in touch with an experienced lawyer who can review your case and tell you if you have grounds for seeking a contempt of court order.

Your lawyer knows about the complexities and technicalities of forms and procedures that have to be used. You are closer to getting the help you need with a child custody lawyer in Texas.