Interference with Child Custody Orders in Texas

One of the hardest and most complex issues of nearly every Texas divorce is child custody, called conservatorship. Understandably, each parent will want to keep a strong relationship with their child, but this can be very difficult when there are arguments over how child custody should take place and what time each parent should get to spend with the child.

These issues can be even more difficult when one of the parents fails to abide by the terms set forth in the custody order. If the parent of your child is undermining or violating your rights set out in the custody order, you don’t have to try to resolve it on your own. You have the right to seek a legal resolution to the issue.

Ongoing Custody Issues 

Just because a divorce has been finalized doesn’t mean that visitation and custody issues disappear. In fact, many parents find themselves facing even more difficult situations. Some questions you may have about protecting your rights to see your child include:

• Can a parent stop paying their child support if they want more parenting time? The answer to this is no. Child support payments cannot be used as a way to get more time with their child. Child support modifications must go through the court.
• What happens if the parents share custody, but disagree? Parents who share custody also share decision-making authority. This means that if there is a disagreement, they must abide by the custody order.
• Can one parent travel with the child without telling the other parent? This depends on what your custody order says. It is always in the best interests of the child and parents if they can work together and communicate their plans.
  

Often times, situations that feel like a violation of an order are actually inconsiderate behavior or disagreements. Custody interference includes situations such as refusing to bring your child to the other parent, moving with your child without having permission, or doing other things that are directly in violation of the custody order.

Are There Any Exceptions? 

While parents are required in most situations to abide with the court order, there are some situations that may be considered exceptions. Texas laws stipulate that a parent is able to keep or take their child if they are acting in accordance with a court order that grants them custody or access. The law does not apply to situations where parents are entitled to have their child and are fleeing from violence or abuse.

Contact an Experienced Family Law Attorney 

If you feel that you are the victim of parenting time interference, you have the right to a legal resolution. Contact the Houston child custody attorneys at Lindamood & Robinson, P.C. and let us help you ensure that your child custody orders are being enforced and you are getting the visitation and custody that you are entitled to. We have years of experience navigating the ups and downs of Texas divorce and custody proceedings and we can help you too. Contact us today to schedule a consultation.

Resource:

statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm

https://www.lawcl.com/summer-break-and-child-custody/