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What If My Ex Isn’t Following Our Custody Order?

A child sadly resting his head on his hands while his parents argue in the background.
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Enforcing the Court Order

Once a conservatorship order is in place, it must be followed at all times, as it is now a binding legal document. However, instances occur where one parent refuses to follow the order and violates the order. What can you do to ensure that the conservatorship order is being followed if this happens? Here’s what you need to know.

Is It a Violation?

A person can violate a custody agreement in ways that are actually quite common. These methods include the following:

  • Failure to show up for an exchange.

  • Taking the child out of state or out of the country without permission from the other parent or the court.

  • Failure to bring the child back to the other parent.

  • Manipulating the child to feel anger or distrust toward the other parent or trying to alienate the child from the other parent.

  • Making legal conservatorship decisions without having the right to do so.

  • Deliberately interfering with the other parent’s visitation time by scheduling events such as appointments or gatherings.

These types of actions, while common, actually violate a custody agreement and can cause a serious legal issue.

How to Handle a Problem

How you choose to handle a violation depends on the seriousness of the infraction. If the event is a one-time mistake or a minor inconvenience to the parent or child (and doesn’t pose any harm to the child), you can try speaking with the other parent to remind them of the agreement so such an instance doesn’t happen again. You could also send a letter from your attorney to clear up the matter.

If the instance is more serious or is becoming a more frequent problem, you can seek official enforcement measures through the courts. Texas courts can enforce a custody order by finding a person in contempt of a court order. If a person is found guilty of contempt, then they could receive a fine or go to jail.

Seek the Help of a Texas Custody Attorney

If you believe that your ex isn’t following your custody order, it’s important to consult with a custody attorney as soon as possible. Mueller Family Law Group is here to fight for you and to protect the order that is in place. We can help you determine if there is a violation of your order and how to best proceed.


To get in touch with our team of custody attorneys, call our office at (214) 225-6766 or visit us online.

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