What Can I Do if My Ex Violates Our Custody Order?

 Posted on March 19, 2025 in Family Law

When parents who are not married raise a child, it typically takes a lot of effort for everyone to work together. If one parent violates the custody order, it can be challenging both emotionally and logistically for the other parent. If this happens to you, you should know that you have options available, including the possibility of taking legal action to have your custody order enforced. A qualified Llano, TX family lawyer can explain your rights and advise you on how you may want to proceed.

How Do Custody Orders Work in Texas?

In Texas, child custody is often referred to as conservatorship. A conservatorship order outlines each parent's rights and responsibilities, including parenting time schedules, decision-making authority, and child support obligations. If one parent violates the terms of a custody order, the other parent has legal options to enforce it.

Steps to Enforce a Custody Order

If you need help enforcing your conservatorship order, there are several steps you can take to help you address the situation:

Document Violations

Keep a detailed record of every time the other parent violates your agreement. This can include missed visitations, denied parenting time, or unauthorized relocations. Text messages, emails, and written records can provide valuable evidence.

Communicate with the Other Parent

Sometimes, a parent violates the conditions of a conservatorship order unintentionally. Misunderstandings and scheduling issues can lead to non-compliance without anyone attempting to take away from the other parent’s time with their child. Calmly discussing the issue with the other parent can resolve the problem without legal action in certain situations.

File a Motion for Enforcement

If communication fails and the violation was clearly not a mistake, misunderstanding, or some scheduling obstacle, you may need to file a Motion for Enforcement with the court that issued the custody order. This motion outlines the violations and asks the court to enforce the order. In your motion, be specific about the violations and provide supporting evidence. A lawyer can help ensure that you prepare your motion as thoroughly as possible.

Attend a Court Hearing

After you file the motion, you will attend a hearing where you and the other parent each have a chance to present your respective sides of the story. If the court decides to issue orders to enforce the custody arrangement, possible remedies could include:

• Make-up parenting time for you

• Mandatory counseling or mediation

• Payment of your attorney’s fees and court costs

• Fines or penalties for repeated violations

• Possible modification of the custody arrangement if the violations are severe and ongoing

Contact a Llano County, TX Child Custody Lawyer

If your child’s other parent repeatedly violates your custody order, speak with an experienced Marble Falls, TX family law attorney. At Law Office of Russ Alan Baker, PLLC, we understand the pressure and stress you may be experiencing and we can help you file the necessary paperwork, represent you in court, and advocate for a resolution that protects your child’s best interests. Call us at 325-216-2006 to schedule your initial consultation today.