Child custody agreements are legally binding court orders designed to protect the rights and best interests of children during and after a divorce or separation. But what happens when one parent refuses to follow the custody agreement?
Whether the refusal is deliberate or circumstantial, such actions can have severe consequences. This article delves into the topic, citing Texas Family Code statutes, exploring scenarios, and offering practical insights for parents facing this challenging situation.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Custody Agreements
Custody agreements, also known as conservatorship orders in Texas, establish each parent’s rights and responsibilities concerning their children. These agreements include specifics about physical custody (where the child lives), legal custody (decision-making authority), and visitation schedules. Once approved by the court, these agreements are enforceable under Texas law.
Common Scenarios of Non-Compliance
Parents may refuse to follow custody agreements for various reasons, including:
- Denial of Visitation Rights
A parent may deny the other parent their rightful visitation, claiming the child is sick or unavailable. While emergencies can arise, consistently blocking access without court approval is a violation.
- Failure to Return the Child on Time
Keeping the child beyond the scheduled visitation period disrupts the other parent’s time and violates the agreement.
- Influencing the Child’s Preferences
Encouraging the child to refuse visits or discouraging communication with the other parent can undermine the agreement.
- Relocation Without Consent
Moving the child out of state or far from the other parent without court approval breaches the custody order.
Consequences of Violating a Custody Agreement in Texas
Under the Texas Family Code, custody violations are taken seriously, and the court has the authority to impose penalties, including:
Enforcement Actions (Sec. 157.001)
The court may issue an enforcement order to compel the non-compliant parent to follow the custody agreement. This includes holding the parent in contempt of court, which can result in fines or jail time.
Modification of Custody Orders (Sec. 156.101)
If one parent consistently refuses to follow the custody agreement, the other parent can petition to modify the order. Courts consider non-compliance when determining the best interest of the child.
Supervised Visitation or Loss of Custody (Sec. 153.004)
If violations demonstrate harm or risk to the child, the court may impose supervised visitation or even award full custody to the compliant parent.
Fines and Attorney Fees (Sec. 157.167)
The violating parent may be ordered to pay the other parent’s legal fees and additional fines for contempt.
Best Interest of the Child (Sec. 153.002)
The cornerstone of Texas family law is the child’s best interest. A parent’s consistent disregard for the custody agreement could demonstrate an inability to prioritize the child’s welfare.
Real-Life Examples of Custody Agreement Violations
Scenario 1: Missed Visitations
Sarah and John share custody of their two children. According to the court order, John is entitled to have the children every weekend. However, Sarah often refuses to drop them off, citing last-minute issues. John documents these instances and files a motion for enforcement under the Texas Family Code §157.001, compelling Sarah to comply.
Scenario 2: Relocation Without Approval
After their divorce, Amanda and Mike agree on joint custody. Amanda decides to move to another state for work without notifying Mike. Mike files for enforcement and modification under the Texas Family Code §156.101, leading the court to restrict Amanda’s relocation rights and modify the custody schedule.
Steps to Take if the Other Parent Refuses to Follow the Custody Agreement
- Document Every Violation
Keep detailed records of missed visitations, communication refusals, or other breaches of the agreement. These records will strengthen your case in court.
- Communicate Calmly
If possible, address the issue with the other parent without escalating the conflict. Sometimes misunderstandings can be resolved without legal action.
- Seek Legal Assistance
An experienced family law attorney or Cleburne family law attorney can help you file a motion for enforcement or seek modifications to the custody order.
- File a Motion for Enforcement
Utilize the legal protections under the Texas Family Code §157.001 by filing a motion to ensure compliance. Courts take such violations seriously.
- Consider Mediation
Before resorting to court action, mediation can help parents resolve their disputes in a less adversarial manner.
Turner Monahan PLLC – Here to Support You
In custody disputes, ensuring compliance with court orders is crucial for the well-being of your child and the fairness of the agreement. If one parent refuses to follow the custody arrangement, taking swift legal action can protect your rights and maintain stability.
Consulting an experienced attorney, like those at Turner Monahan PLLC, can provide the guidance and support needed to address violations effectively and work toward the best outcome for your family. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
