There is no denying that both parties involved in a custody case (known as conservatorship in Texas) work tirelessly to reach an agreement. A judge issues a conservatorship order, which is legally binding. The court does not look kindly on any party that violates an order, and a violator faces significant legal consequences. These consequences may vary from civil to criminal penalties, depending on the severity of the transgression.
At Cook Law, we will advocate aggressively for you and your child’s rights, ensuring that the other parent takes responsibility for their actions. If your ex has recently violated one or several terms of a conservatorship order, our San Antonio child custody lawyers are here to help you navigate this difficult situation.
Types of Conservatorship Order Violations in San Antonio, TX
Conservatorship violations can take many forms, often creating instability in the child’s life. Common violations include:
Preventing You From Having Access to Your Child
This may include altering your possession and access schedule or preventing you from seeing or communicating with your child. For instance, if you routinely call your child at 7 p.m. on Wednesdays and the child’s other parent refuses to put them on the phone, this may be considered a violation of an order that grants “reasonable access” to your child.
Parental Abduction
If the other parent takes your child without your consent or refuses to bring them back as scheduled, this is considered parental abduction. Abduction, also known as kidnapping, is common during conservatorship disputes when the offending parent is worried that they will lose access to their child. Parental abduction is a felony offense in Texas.
Disobeying Pickup and Drop-Off Schedules
As part of a Standard Possession Order (SPO), the parenting schedule will include what times each parent will pick up and drop off the child. The noncustodial parent will often pick up and drop off the child at the custodial parent’s residence. However, if the designated off times are near school release, then the pickup and drop-off may happen at the child’s school. If a parent is not able to make a pickup or drop-off time, they must notify the other parent.
Making Decisions Outside Their Scope
Decisions surrounding a child’s education, healthcare, and extracurricular activities will be specified in the parenting plan. A violation may involve one parent deciding that both parents are required to make jointly, or a parent deciding when the other parent has been granted sole managing conservatorship (also known as “sole legal custody” in most jurisdictions).
Scheduling Activities During Your Parenting Time
If your child’s other parent is scheduling activities with your child during your time, this violation of your custody agreement should be addressed. The other parent may take your child to an activity they enjoy, and if you try to address it directly with them, they may say this one-time exception is no big deal. But it is actually a problem, and the more you allow it to slide, the more out of hand it may get.
Consequences of Violating a Conservatorship Order in TX
Depending on the type and severity of a violation, a parent may face civil or criminal penalties. While civil contempt forces a parent to comply with a court order, criminal contempt aims to punish the individual for their wrongdoing. In cases where a parent violates a conservatorship order, the parent may face jail time, steep fines, be ordered to perform community service, or even have their driver’s license suspended or revoked. When a parent fails to pay child support, the court may garnish wages, intercept a tax refund, or place a lien on their property.
Steps to Take if the Other Parent Violates a Conservatorship Order
If the other parent violates a conservatorship order, you should document the violation. This may involve writing down the dates and times when the breach occurred. If there is any written communication that indicates the other parent’s lack of cooperation, gather this correspondence. Any evidence that you can show the court will only help to support your case.
To address the violations with the court, you will need to file a motion for enforcement. This motion asks the court to require the noncompliant parent to comply with the conservatorship order in the future. During this time, the court may impose penalties and even give you more parenting time based on the amount of time taken from you and your child.
During the entire process, you will want to work with a San Antonio child custody lawyer who can work tirelessly to uphold your rights. A custody attorney can do this by helping you gather information, but also suggesting a modification to your current order to prevent any future misunderstandings.
Speak with Our San Antonio Child Custody Lawyers Today
Parents have a right to be involved in their child’s life. The court will make restrictions based on any concerns that would interfere with a child’s safety, emotional development, and overall well-being, but only if a pressing issue exists.
If your ex has robbed you of time with your child, it is within your rights to take legal action. To learn how to protect your and your child’s rights, please speak with our San Antonio child custody attorneys today. To schedule a consultation with a member of our legal team, feel free to contact Cook Law online or by calling (210) 740-0281.