In Texas what can you do if your ex doesn't follow the visitation decree in your court order?

Asked almost 5 years ago - Dallas, TX

My husbands ex girlfriend has his daughter our court order states when and where we are supposed to meet for pick up and drop off along with when we are supposed to have her. However his ex refuses drop her off where are supposed to and if she has something else to do will not drop her off period. Can we call the constable? What rights do we have to take her back to court. I have these things documented in emails from her.

Attorney answers (1)

  1. Jacqueline Diane Cannon

    Contributor Level 9

    Answered . Your husband can file a Motion for Enforcement and ask the court to hold his ex-girlfriend in contempt for each instance that he was denied visitation or has to pick up his daughter at a location not specified in the order because she would not meet him at the designated place. Contempt can be punishable by a fine up to $500 and up to 180 days in jail for each occurrence so the "punishment" for violating the order can be severe. The ex-girlfriend could also be ordered to pay your husband's attorney fees. Also, your husband could request that he be awarded additional visitation time to make up for any visitation that he missed because of her actions. Your husband may want to consider filing a Motion to Modify asking the court to modify custody or possession and access depending on the circumstances of the case.

Related Topics

Visitation rights in child custody agreements

Child visitation refers to non-custodial parents' rights to visit their children. These rights are commonly detailed in a visitation plan.

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