Skip to content 
If your spouse or ex-spouse refuses to honor your parenting time or support rights outlined in a court order or divorce decree, it can leave you feeling overwhelmed and uncertain about how to proceed. This violation not only affects your relationship with your children but also demands a clear and actionable response. Understanding your legal options is key to addressing these violations and preventing further complications.
Recognizing the Importance of Visitation
Maintaining a strong bond with your children is essential for their well-being and your relationship. Divorce often brings fears of losing this connection, making it vital to establish and enforce a visitation schedule. Despite your efforts to create a fair agreement, having your visitation rights denied can feel deeply frustrating and unjust. Understanding how to respond legally and effectively is critical in protecting your time with your children.
Preparing for an Enforcement Case
Proper preparation is key to addressing visitation denial. Enforcement cases are complex and require attention to detail. Filing a motion for enforcement of possession or access is the first step, and understanding this process ensures you present a strong case, whether or not you hire an attorney.
Filing the Necessary Documents
Begin by filing a motion for enforcement, which outlines the violations and requests remedies. Along with this, submit a civil case information sheet, identifying the parties involved and summarising the case. Filing fees vary by county, so check your local court’s website for details. If you cannot afford the fees, inquire about available waivers.
Many Texas counties accept online filings, which simplifies the process. If you hire an attorney, they will handle this step. If you file independently, ensure your documents are properly completed and submitted.
Setting the Hearing Date
After filing your motion, contact the court coordinator to schedule a hearing. Judges issue an order to appear, requiring your co-parent to attend court on a specific date. The hearing must be set at least 20 days after filing to provide sufficient notice. If contempt is involved, your co-parent must receive at least 10 days’ notice.
Delivering Notice to Your Co-Parent
Once your hearing is scheduled, you must notify your co-parent about the motion and hearing. Personal service by a private process server or constable is required, except in cases where the motion can be sent directly to their attorney. Include all relevant documents, such as the motion for enforcement, order to appear, and a citation explaining the allegations and response deadlines.
After serving the documents, the process server or constable files a return of citation with the court. This must be on file for at least 10 days before the hearing.
Preparing for Your Hearing
Preparation extends beyond filing paperwork. Use the time before the hearing to organize evidence, review court orders, and, if possible, work towards a settlement.
Reviewing the Court Order
Revisit the original court order to ensure you fully understand the terms. Familiarity with the language and provisions strengthens your testimony and helps you respond confidently to questions during the hearing.
Organizing Witnesses and Evidence
Identify witnesses who can testify about the violations. These may include family members, friends, or others with direct knowledge of the events. Prepare questions for them and rehearse their responses to anticipate cross-examination. Gather evidence, such as text messages or emails, that demonstrates the violations clearly and concisely.
Exploring Settlement Options
Whenever possible, aim to resolve the issue through negotiation before the hearing. Settlements save time, reduce stress, and allow both parties to reach an agreement without court intervention. If negotiations fail, focus on presenting a compelling case.
What to Expect During the Hearing
Court hearings require professionalism and composure. Arrive early, dress appropriately, and bring copies of all relevant documents.
Presenting Your Case
During the hearing, explain how your co-parent violated the court order. Provide specific dates and evidence to support your claims. If you have an attorney, they will guide you through the process. If you represent yourself, remain respectful and focused when addressing the judge.
Responding to Questions
Be prepared for questions from the judge or opposing counsel. Stay calm, stick to the facts, and avoid unnecessary emotional outbursts. Your ability to remain composed can significantly impact the outcome of your case.
The Judge’s Decision
After reviewing testimony and evidence, the judge will issue a ruling. Often, the decision is made immediately. Take detailed notes, as the ruling will form the basis of the final enforcement order. Ensure the written order accurately reflects the judge’s decision before it is signed and filed.
Why Legal Representation Matters
While self-representation is possible, enforcement cases are intricate and time-consuming. An experienced attorney can guide you through the process, ensuring all steps are properly completed and deadlines met. Their expertise can improve your chances of a favorable outcome, allowing you to focus on other aspects of your life.
Final Thoughts
Addressing a denial of parenting time can be challenging, but understanding the enforcement process empowers you to protect your rights and preserve your relationship with your children. Being well-prepared, gathering strong evidence, and maintaining clear communication are essential in effectively resolving parenting time issues and ensuring your support rights are upheld.
For additional support, consider consulting a family law attorney. Many firms, including the Law Office of Bryan Fagan, offer free consultations to help you navigate the legal process and safeguard your parental rights.
Ebook
![Adobe Stock 62844981[2]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2FAdobeStock_628449812.jpeg&n=lyb77lE9xrtgCBwp6uI0w)
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
![Divorce Wasting Assets[4]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2FDivorce-wasting-assets4.jpeg&n=8lPASF41oaoeg8hPxhPQ)
If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!”
![Financial Checklist[3]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2Ffinancial-checklist3.jpeg&n=XWmOm3ql5HHXNCOoZwDzQ)
Get this FREE download about what you need to know before filing for divorce.
Other Articles you may be interested in:
- How Old Does a Child Have to Be to Refuse Parenting Time With the Noncustodial Parent?
- How to think about dividing parenting time with your child in a Texas divorce
- Ways to regain lost summer parenting time in Texas
- I Want a Texas Divorce but My Husband Doesn’t: What can I do?
- Am I Married? – Marital Status in Texas
- Can I sue my spouse’s mistress in Texas?
- 6 Tips – On How to Prepare for a Texas Divorce
- A Tale of Two Parents: Enforcing Child Custody Orders in Texas
- Child Custody Basics in Texas
- 6 Mistakes that Can Destroy Your Texas Divorce Case
- 10 Quick Tips About Parental Visitation
- Does it Matter who Files First in a Texas Divorce?
- How to Build Your Case for a Parenting Time Modification
Law Office of Bryan Fagan, PLLC | Spring, Texas Divorce Lawyer
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.
