Going through a divorce can be extremely difficult for your children. If you and your co-parent live separately, maintaining stability and structure for your children during this time is critical. A conservatorship agreement intends to provide this foundation that will keep your children feeling that their parental relationships are predictable and safe.
If one party consistently violates the terms of their conservatorship agreement, they are breaking the law and your children’s trust. A child custody enforcement lawyer in The Colony could assess your situation and help you pursue legal action that benefits and protects your children. Contact our firm today to discuss your unique situation with a dedicated child custody attorney.
When parents get divorced or decide to live separately, courts require them to file a conservatorship agreement that outlines all decisions regarding their children. This agreement covers topics such as where the children will live, how much time each child spends with each parent, which parent has decision-making authority on what issues, and all the details governing the relationship between the children and the parents.
A court must review a conservatorship agreement to ensure it supports the children’s best interests. Once a court approves of the agreement and issues it as a court order, failure to abide by it becomes a violation of the law.
Life is unpredictable, and sometimes situations may arise that cause a violation. For example, an accident on the highway might cause a parent to be late picking up a child. It is impractical to take a co-parent to court for occasionally arriving late, but if a pattern of violation emerges, or if the nature of the non-compliance is harmful to the children, legal action to enforce the conservatorship agreement might be appropriate. Contact a child custody enforcement attorney serving The Colony today if a co-parent is constantly violating the terms of this agreement.
If a parent violates the terms of this agreement consistently or in a manner that harms their children, the compliant parent should begin taking notes – literally. A parent could start building a case for contempt of the conservatorship agreement by documenting incidents such as:
A parent has a higher chance of achieving judicial enforcement of the conservatorship agreement if they can prove that the other parent’s conduct has a detrimental impact on the children. A child custody enforcement attorney in The Colony could use the complaining parent’s documentation to demonstrate that the other parent’s conduct harms the children.
If a parent’s non-compliance with their conservatorship agreement harms their children or the other parent, the compliant parent could bring a petition to force them to adhere to the order. Texas Family Code §157.001(c) requires a petition to enforce an agreement to state the nature of the violations with as much detail as possible.
Often, the details in the petition lead the judge to consider modifying the conservatorship agreement. A child custody enforcement attorney in The Colony could draft the petition to ensure that any modifications resulting from it meet the complaining parent’s goals
When a parent wins a motion to enforce, the court may fine the violator or force them to post a bond to ensure their future compliance. Additionally, the court could order the violating parent to pay the complaining parent’s attorney’s fees. In extreme cases, the court could hold the violating parent in contempt and sentence them to jail.
Rebuilding your life after a divorce can be impossible if your co-parent consistently violates your conservatorship agreement. This agreement is supposed to offer your children solace during such difficult times, not make matters more complicated. In such cases, you owe it to your children to take strong legal action.
A child custody enforcement lawyer in The Colony has the judgment, experience, and tools necessary to help you regain some control over custody and visitation issues. Contact us to schedule a consultation today.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.