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Dealing with noncompliance of custody orders in Texas

On Behalf of | May 19, 2023 | Child Custody |

Navigating custody arrangements can be challenging after a divorce, especially if your ex-spouse fails to follow the court-ordered custody arrangement. It is important to take appropriate action to protect your rights and the well-being of your children.

Here are the steps you can take if your ex does not comply with the custody order in your Texas divorce.

1. Document the violations

Start by documenting any instances where your ex-spouse fails to follow the custody order. Keep a detailed record of dates, times and specific instances of noncompliance, including missed visitation, late drop-offs or pickups or denial of access to your children. Documentation will serve as evidence if you need to address the issue in court.

2. Communicate with your ex-spouse

Attempt to resolve the issue amicably by communicating with your ex. Clearly express your concerns and remind them of their obligations under the custody order. Keep a record of all communications, including emails, text messages or any written exchanges, to demonstrate your efforts to resolve the matter peacefully.

3. Utilize mediation services

If direct communication does not resolve the issue, consider utilizing mediation services. Mediation provides a neutral third party who can facilitate discussions between you and your ex-spouse, helping to find a mutually agreeable solution. Mediation can be a more cost-effective and less adversarial approach compared to going to court.

4. File a motion for enforcement

If all attempts at resolving the issue fail, you may need to file a motion for enforcement with the court. This legal action seeks to enforce the custody order and hold your ex-spouse accountable for noncompliance. Study Texas law to understand the specific requirements and process for filing a motion for enforcement.

Throughout the process, continue to maintain accurate records of any further violations by your ex-spouse. Keep track of missed visitation and gather any supporting evidence, which can strengthen your case if you need to pursue legal action.


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