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If your child's other parent is willfully violating the custody order, you can force them to comply with the order by filing a motion for child custody contempt. This motion requests the court to schedule a hearing in which the noncompliant parent would need to explain and justify their non-compliance.
If one parent keeps a child away from the other parent when there is not a court order, there is no way to force visitation to happen. Without a court order, neither parent can file an enforcement action. An enforcement action cannot be used to enforce an informal agreement between the parents.
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.
Jail Time ing to the Texas Family Code, a finding of contempt ?may be punished by confinement in jail for up to six months.? This punishment is specifically cited for failure to obey a court order for child support or visitation.
When there is no court order, there are no rules for visitation. Both legal parents have equal rights to the child. The law expects the parents to work together to parent the child by agreement ing to the child's best interests. But this is not always what happens.