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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
We’re going to start with the simple answer, “yes.” A court wants people to follow orders, especially when it comes to a child custody order.
With more and more judges willing to try and get something closer to a 50/50 custody arrangement, many couples now interfere with the other parent. This has also meant courts are more and more often involved in complicated facts. It’s even possible you are the custodial parent, who is trying to encourage the other, non-custodial parent to spend time with the child.
Two basic facts: (1) courts in Texas have what’s known as “continuing jurisdiction” and (2) the issue of custody will be measured by what’s in the best interests of the child. These two basic facts may sometimes collide, since (as in your case), the custody order is not being met. This may mean the original order is unworkable. We’ll look at this question (of how to change a badly written Order) in the last part of this answer.
Getting Affordable Help
The longer someone waits to get a custody order reviewed, the more likely they are to weaken their claim. This is because a court often wants no sudden changes in the child’s situation. As ironic as it can be, this may lead to a court ignoring its own previous order, to some degree. So try to get some legal help, ASAP. You may be able to get affordable help in several ways. The most common is legal aid: http://www.lanwt.org/. Some help may also be based on your background…if you are a military veteran: http://www. military.com/benefits/military-legal-matters/legal-assistance-and-jag/free-legal-assistance.html.
- Going “Pro Se” (Representing Yourself)?
First, let’s find out where your case is to be heard. Generally, wherever the original order was given is where you need to go back to. Here’s a place where you can the list of contacts to find the Texas family court you need to work through… http://www. dallascounty.org/ department/familycourt/familycourt_index.php. They can help you, two ways…first to get the records in the original case. Secondly, ask them about ‘mitigation” services. You may be able to get a court advocate involved more quickly than a judge.
FORMS: Next, let’s talk about the forms you can use to address someone’s violation of a custody order.
Some of what you may need to file can sometimes be done online. See what records you can access, and what e-filings (such as for an emergency order) may work for you, here… http://www .courts.state.tx.us/. Several Texas counties do a good job of providing all the forms you need… http://www.hcdistrictclerk.com/common/FORMS/forms.aspx or the family court link here https://www.co.travis.tx.us/courts/files/.
- Reasons You Might Lose
Sometimes, a court order no longer makes sense. These “significant changes in circumstances” may explain why one party is no longer following the order. A Judge will also focus constantly on the best interests of a child. Be ready to address this “best interest” test for what you are seeking.
Both parties may have begun to change the order, on their own, or even mutually and clearly violated the terms of the Order…such as by not asking the court for permission to move a certain distance, or by changing the length of visits. If you are trying to enforce the original Order, be ready to hear the other side claim you violated the Order. Whether accurate or not, it’s a common tactic. This means you need to be ready to detail how you followed the Order, and how the other side violated it.
As you prepare for a hearing to enforce the Custody Order, be careful not to put yourself in a position for any false allegations.
Sadly, one of the more common defenses someone may try to use for not following a court order is by claiming (often quite falsely) a fear of violence. Prepare for this possibility as well. Here’s the actual manual many judges use to review allegations of violence: http://www.txcourts.gov/pubs/Manuals/judges/ DomesticViolence BenchBook.pdf.
We’re going to start with the simple answer, “yes.” A court wants people to follow orders, especially when it comes to a child custody order.
With more and more judges willing to try and get something closer to a 50/50 custody arrangement, many couples now interfere with the other parent. This has also meant courts are more and more often involved in complicated facts. It’s even possible you are the custodial parent, who is trying to encourage the other, non-custodial parent to spend time with the child.
Two basic facts: (1) courts in Texas have what’s known as “continuing jurisdiction” and (2) the issue of custody will be measured by what’s in the best interests of the child. These two basic facts may sometimes collide, since (as in your case), the custody order is not being met. This may mean the original order is unworkable. We’ll look at this question (of how to change a badly written Order) in the last part of this answer.
Getting Affordable Help
The longer someone waits to get a custody order reviewed, the more likely they are to weaken their claim. This is because a court often wants no sudden changes in the child’s situation. As ironic as it can be, this may lead to a court ignoring its own previous order, to some degree. So try to get some legal help, ASAP. You may be able to get affordable help in several ways. The most common is legal aid: http://www.lanwt.org/. Some help may also be based on your background…if you are a military veteran: http://www. military.com/benefits/military-legal-matters/legal-assistance-and-jag/free-legal-assistance.html.
First, let’s find out where your case is to be heard. Generally, wherever the original order was given is where you need to go back to. Here’s a place where you can the list of contacts to find the Texas family court you need to work through… http://www. dallascounty.org/ department/familycourt/familycourt_index.php. They can help you, two ways…first to get the records in the original case. Secondly, ask them about ‘mitigation” services. You may be able to get a court advocate involved more quickly than a judge.
FORMS: Next, let’s talk about the forms you can use to address someone’s violation of a custody order.
Some of what you may need to file can sometimes be done online. See what records you can access, and what e-filings (such as for an emergency order) may work for you, here… http://www .courts.state.tx.us/. Several Texas counties do a good job of providing all the forms you need… http://www.hcdistrictclerk.com/common/FORMS/forms.aspx or the family court link here https://www.co.travis.tx.us/courts/files/.
Sometimes, a court order no longer makes sense. These “significant changes in circumstances” may explain why one party is no longer following the order. A Judge will also focus constantly on the best interests of a child. Be ready to address this “best interest” test for what you are seeking.
Both parties may have begun to change the order, on their own, or even mutually and clearly violated the terms of the Order…such as by not asking the court for permission to move a certain distance, or by changing the length of visits. If you are trying to enforce the original Order, be ready to hear the other side claim you violated the Order. Whether accurate or not, it’s a common tactic. This means you need to be ready to detail how you followed the Order, and how the other side violated it.
As you prepare for a hearing to enforce the Custody Order, be careful not to put yourself in a position for any false allegations.
Sadly, one of the more common defenses someone may try to use for not following a court order is by claiming (often quite falsely) a fear of violence. Prepare for this possibility as well. Here’s the actual manual many judges use to review allegations of violence: http://www.txcourts.gov/pubs/Manuals/judges/ DomesticViolence BenchBook.pdf.