The stress of divorce is only compounded by custody arrangements. While both parents may agree on custody, the court must approve it. Once a finalized custody order is issued, both parents must follow it precisely. If a parent’s living situation changes or they get a new job and need to modify an existing order, they must go through the court. When a parent takes matters into their own hands, the legal and personal consequences can be devastating.
At The Cook Law Firm & Associates PLLC, we understand that custody issues can be stressful. Hiring representation can be financially draining, making you feel like you have no options. If your child’s other parent has recently violated a custody order, do not hesitate to contact our San Antonio child custody lawyer.
Types of Custody Violations
It is both parents’ legal responsibility to comply with the terms of a custody agreement. Common types of custody violations that a parent can commit include:
- Failing to comply with pick-up and drop-off times (whether it be not returning the child or being late)
- Refusing to allow the child to communicate with the other parent on the phone, via text message, or by e-mail
- Making unilateral decisions when both parents have joint decision-making power
- Abducting the child, by either traveling out of state or to another country
- Denying the other parent’s visitation rights
- Failing to show up for a scheduled visit
- Failing to pay child support (typically applying to the noncustodial parent)
Legal Consequences
In Texas, both parents are required to support their child financially. If one parent has not financially contributed to the child’s upbringing, then the court may order them to pay retroactive support. A parent who fails to uphold a custody agreement may face civil or criminal contempt of court. In extreme cases, this could lead to jail time, but in most cases, it results in court fines and/or a loss of custody or visitation rights. Depending on the severity of your violation, a judge may also garnish the other parent’s wages, place a lien on property, or suspend professional licensure.
Legal and financial consequences are not the only consequences of failing to make support payments. According to the Texas Code, the Attorney General’s Office is permitted to suspend a person’s driver’s license or deny issuance of a license if they are more than three months overdue on child support. After the suspension period expires, a license reinstatement will apply to get back on the road. To avoid a license suspension, a nonpaying parent must pay a lump sum toward the unpaid support amount. The court would determine this amount.
Proving a Custody Violation
If the other parent violates an existing custody order, you will want to keep a log documenting each violation. This will include the dates/times, locations, and the other parent’s actions. The more details that can be provided, the better. If there were any witnesses, write down their names and contact information. Other objective proof, such as receipts, photos, or cell phone records, may be useful.
Of course, there is no substitute for skilled counsel. Our San Antonio child custody lawyer at The Cook Law Firm & Associates PLLC is happy to review your situation to discuss your legal options. Any evidence that shows the other parent’s noncompliance is a good jumping-off point for legal recourse.
Custody Issues? Speak with Our San Antonio Child Custody Lawyer
At The Cook Law Firm, our priority is to act in your child’s best interest. If the other parent is failing to uphold their end of the agreement, you should notify the court of the violation. To schedule a consultation with our San Antonio child custody attorney, we can be reached online or by calling (210) 740-0281 today.