When a child custody order is in place, both parents are legally obligated to follow its terms. However, violations are not uncommon. If your ex is denying visitation, failing to return your child on time, or making unauthorized decisions about their upbringing, it can be frustrating and stressful. Worse, it can negatively impact your child’s well-being.
At Daniel Ogbeide Law, we understand how serious these violations are and the emotional toll they take on families. Our child custody attorneys are here to help parents enforce their rights and ensure the custody order is followed. If you are facing a custody dispute in Houston, TX, this guide outlines the steps you can take to address the situation effectively.
Common Violations of a Child Custody Order
A custody order sets clear terms regarding visitation, decision-making authority, and child support. Some of the most frequent violations include:
- Denying Visitation– One parent refuses to allow the other to see the child as outlined in the custody order.
- Failure to Return the Child on Time– A parent consistently drops off the child late or does not return them at all.
- Taking the Child Without Permission– A parent removes the child from school or daycare without prior agreement.
- Making Unauthorized Decisions– One parent makes major choices about education, healthcare, or religion without the other’s consent.
- Relocating Without Court Approval– A parent moves with the child without obtaining legal permission when required.
If your ex is violating the custody order in any of these ways, you have legal options to enforce compliance.
Document the Violations
The first step in addressing a custody order violation is keeping thorough records. This documentation will be essential if legal action is necessary.
- Keep a Written Log– Record each incident, including dates, times, and details of the violation.
- Save Communication– Retain texts, emails, or voicemails where your ex admits to or discusses violating the order.
- Witness Statements– If someone else witnessed the violation, such as a teacher or family member, ask for a statement.
- Police Reports– If law enforcement was called, obtain a copy of the report.
Having clear evidence will strengthen your case if you need to take legal steps to enforce the custody order.
Communicate with Your Ex
In some cases, custody order violations result from misunderstandings rather than intentional defiance. Before escalating the situation legally, consider discussing the issue with your ex:
- Politely remind them of the custody order terms.
- Express how their actions impact your child.
- Request that they follow the agreed-upon terms moving forward.
If communication is difficult or leads to further conflict, it may be best to proceed with legal enforcement.
File a Motion for Enforcement
If your ex refuses to comply with the custody order, filing a motion for enforcement in family court is a powerful tool. This legal action requests the court to intervene and enforce the order. A judge can:
- Issue warnings and reprimands.
- Modify the custody arrangement if violations continue.
- Impose fines or require compensatory visitation.
- Hold the violating parent in contempt of court, which can lead to penalties or jail time.
A child custody attorney can help you prepare and file this motion to ensure all necessary evidence is presented.
Request a Custody Modification
If repeated violations make co-parenting difficult or harmful to your child, you may need a child custody modification in Houston. Courts can modify custody orders when a substantial change in circumstances occurs, such as:
- Ongoing denial of visitation.
- Relocation without consent.
- Endangerment of the child’s well-being.
- Repeated contempt of court findings against your ex.
Modifying the custody order can establish new guidelines that better protect your parental rights and your child’s best interests.
Involve Law Enforcement If Necessary
If your ex’s actions are severe, such as refusing to return your child or taking them out of state without permission, law enforcement may be able to intervene. Police officers can:
- Enforce the court order if it clearly states pickup and drop-off times.
- Assist in retrieving your child if they are unlawfully withheld.
- Document the violation for court proceedings.
While law enforcement should not be the first solution, it is an option in extreme situations where your child’s safety is at risk.
How a Child Custody Lawyer Can Help
Enforcing a child custody order can be legally complex. Working with a child custody attorney ensures you have the right strategy in place. An experienced lawyer can:
- File legal motions to hold your ex accountable.
- Represent you in court if necessary.
- Gather and present evidence effectively.
Advise you on legal options that best protect your child and parental rights.
Is Your Ex Violating Your Custody Order? Take Action Today
Are you struggling with a custody order violation in Houston, TX? Do not let repeated violations go unchallenged. The longer they continue, the harder they can be to resolve. At Daniel Ogbeide Law, our experienced child custody lawyers are dedicated to protecting your parental rights and ensuring that the custody agreement is upheld. We understand the urgency of these situations and are ready to help you take the necessary legal steps.
Contact us today by calling 832-321-7005 to schedule a consultation and take action to protect your relationship with your child.