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3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.
A motion for contempt is used to enforce a court order. Basically, a person might be found in contempt if they disobeyed a court order. In your case, you are filing the motion because your co-parent has violated or continues to violate the child custody order.
When it comes to contempt & enforcement in Texas, the court has the power to make an offending party responsible in several ways. A judge may hold a party in contempt and sentence him to as much as six months in county jail for each offense. The judge may impose a $500 fine for each instance of offense.
The consequences of the motion: A motion to enforce, if approved, inflicts no punishment on the non-compliant party and instead serves as a reminder to fulfill their legal duties. Alternatively, a motion for contempt can result in jail time or fines for not following a verdict.
How Is Someone Found in Contempt of Court in Texas? Generally, someone who commits direct contempt is found by the judge to be in contempt at that moment, and the judge may order a punishment immediately or in short order unless an officer of the court commits the offense.