Common Child Custody Violations in Texas

Jul 26, 2023Child Custody

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The Texas Academy of Family Law Specialist is a professional organization of Board Certified family law attorneys.
IAFL is a worldwide association of practising lawyers who are recognised by their peers as the most experienced and skilled family law specialists in their respective countries.
The Texas Bar College is a professional society of legal scholars who are leaders in the Texas legal community and champions of legal education.
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Understanding and respecting child custody orders is of paramount importance, especially in Texas where legal consequences can be severe. Today we discuss some of the common child custody violations that occur within the state, and how to appropriately address them.

The most common violation is refusal of visitation. As per the Texas Family Code § 153.001, the court aims to assure frequent contact of the child with both parents, encouraging them to share rights and duties. Hence, a parent who intentionally denies or interferes with the other parent’s court-ordered visitation rights is in violation of the order.

Another frequent violation is the relocating of a child without prior approval. If a custodial parent wishes to move with the child, they often must get the court’s permission or the agreement of the other parent (Texas Family Code § 153.133). If they fail to do so, they can be found in contempt of court.

Failure to comply with specific conditions outlined in the custody order, like attending mandatory counseling sessions or parenting classes, also constitute common violations.

When faced with a custody violation, it’s essential to document the incident meticulously, keeping track of dates, times, and any other relevant information. Consult with a family law attorney immediately to explore your options, which may include filing for enforcement of the custody order or seeking a modification.

Remember, in Texas, a person who violates a court order related to conservatorship or possession of a child can be held in contempt and may face fines, jail time, or both (Texas Penal Code § 25.07).

In conclusion, dealing with child custody violations can be a distressing experience. The Webb Family Law Firm, P.C., is here to help. Our experienced legal team can provide the guidance and support you need to address these violations effectively, always prioritizing the best interests of your child. Don’t navigate these turbulent waters alone. Contact us today for assistance.

Sources:

  1. Texas Family Code § 153.001
  2. Texas Family Code § 153.133
  3. Texas Penal Code § 25.07

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