Navigating a situation where a co-parent ignores a court-ordered schedule is incredibly draining. You have a right to rely on the legal framework designed to protect your relationship with your child.
To make this difficult process easier on families, Texas updated its enforcement laws to ensure that custody orders are treated with the seriousness they deserve. The intent of these updates is to provide a clearer path for parents who are tired of dealing with constant violations, so it can be helpful to understand what they are.
Jail time for repeat violations
For years, some parents believed they could skirt access and possession schedules with little more than a warning. The new legal standards change this by making three findings of contempt a state jail felony, which can mean up to two years in jail.
Harsher criminal and civil rules and stronger enforcement measures give compliant parents more protection and legal options when dealing with parents who repeatedly break the rules.
Recovering lost time and legal costs
New measures also prioritize making the wronged parent whole with financial and scheduling penalties. These consequences are designed to discourage parents from using the legal system to stall or delay justice. Specifically, the law allows for:
- Additional periods of possession for the compliant parent to make up for denied time
- Court orders for the violator to pay all associated attorney’s fees
- New procedural rules limiting the ability of a parent to use delay tactics to avoid a hearing
By strengthening consequences, the law shifts the financial and emotional burden away from the compliant parent.
Patterns of behavior can lead to custody changes
Courts don’t necessarily look at violations in isolation; they could view them as a pattern. If a parent consistently fails to follow the possession schedule, the court has the authority to modify the custody order outright.
These changes provide clearer consequences for parents who ignore court orders. That said, it can still be complicated to navigate your options and next steps amid changing laws and procedures. If you are struggling with a noncompliant parent and the draining fallout of drawn-out legal battles, working with our experienced family attorney can be wise. Doing so can make it easier to find solutions, protect your kids and hold the other parent accountable.