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In order to hold the other parent in contempt of court, you will need to demonstrate clear and convincing evidence of willful disobedience. Contact a skilled attorney to help you gather sufficient evidence to file for child custody contempt in Texas.
A criminal contempt conviction for disobedience to a court order requires proof beyond a reasonable doubt of: a reasonably specific order; a violation of the order; and. the willful intent to violate the order.
Ing to the rules of the Supreme Court, a contempt petition should contain: The name, description and place of residence of the complainant(s) and of the persons charged (with the alleged contempt). ... Nature of the contempt alleged, and facts, including the date or dates of commission of the alleged contempt.
Under Texas Government Code Section 21.002, criminal contempt of court is punishable by a maximum $500 fine or six months in county jail, or a combination of both. The potential for jail time makes it imperative to consult with a contempt of court lawyer as soon as possible.
If you seek to have someone held in contempt, the person must receive actual notice of the contempt hearing. This means that the respondent must be personally served with the Motion for Contempt containing the Show Cause Order.