When a co-parent refuses to follow a custody arrangement in Texas, it can create stress and instability for the child. Texas courts take custody orders seriously and provide options for parents to enforce or modify these arrangements if one parent is not complying.
This means that there are certainly legal steps you can take to help restore order to your family.
Document the violations
The first step is to document each instance where the co-parent violates the custody agreement. Record any missed visits, late drop-offs or instances where the co-parent refuses to return the child at the agreed-upon time. Keep notes of dates, times and any communication that occurred regarding the violation. Clear records can serve as evidence if you need to resolve the issue in court.
Request enforcement of the custody order
If violations continue, you have the option to file for enforcement of the custody order. Texas law allows a parent to ask the court to enforce the existing order. In these cases, the court may hold the non-compliant parent accountable through fines, additional court orders or other penalties.
Consider requesting a custody modification
Repeated violations of a custody agreement can also be grounds for requesting a modification of the order. If the co-parent’s refusal to follow the arrangement negatively impacts the child’s well-being, a modification may be in the child’s best interests. Texas courts consider whether a substantial change in circumstances has occurred since the creation of the original order. A modification can adjust visitation schedules or custody rights to better suit the child’s needs.
Mediation as an alternative
Before turning to court enforcement or modification, some parents may choose to try mediation. Mediation allows both parents to discuss the issue under the supervision of a neutral third party. This option encourages communication and may help resolve conflicts without escalating the situation.
When a co-parent refuses to follow custody arrangements, the priority is to protect the child’s best interests. Texas law provides several legal avenues to address the issue and maintain stability for the child. Carefully consider every option available to you so you can make an informed decision regarding your family’s future.