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ENFORCEMENT 


Our office represents mothers, fathers, grandparents, and others in enforcement cases.  We encourage you to seek legal advice to protect your rights and avoid any unexpected issues during the legal process. In Texas you can get a enforcement order for visitation or child support. 


Visitation 

A parent can ask for an enforcement of visitation and/or possession and access for internet and phone use in Texas when the parent seeking the enforcement has been denied visitation and/or possession and access with their child.


FAQ

What should I do before going to court?

You should send a formal letter to the other parent demanding  visitation with your child, and also maintain a journal log entry for each time that you are denied visitation with your child before going to court. 


What if the other parent ignores the letter?

You can file a motion asking the judge to enforce the visitation agreement. The other parent would have to have proper notice of the hearing on the motion. 


What would I have to prove at the enforcement hearing?

You would have to show evidence that the other parent has denied you possession and access, and they are not following the agreement. 


What if the other parent did appear at the enforcement hearing?

You can file a capias and setting bond, which would allow the other parent to be arrested for failing to appear at the hearing. 


Child Support 


A parent can file a enforcement of child support when the other parent has failed to make child support payments and is delinquent. A enforcement of child support would require the other parent to follow the child support order. A parent cannot refuse to pay child support even if the other parent denies visitation and/or possession and access. 


FAQ


What are some of the things that the court can order if the other parent will not pay child support?

  • Order that the other parent be put in jail for contempt of court, and in some cases, require that the other parent pay a portion of the child support before they can be released. 
  • ​File liens on the other parent's property, including homes, cars, and land. 
  • Suspend the other parent's driving license, professional license, fishing and gaming license. 
  • Obtain access to the other's parent's federal income taxes, lottery money, and other state and federal money.
  • Enter a judgment against the other parent, and order that they be put in jail. 
  • Garnish the other parent's wages from their employer. 


What happens if the parent who is order to pay child support is not working?

The Court will still require that the non-working parent still pay a minimum amount of child support each month. 


Will the court waive the child support if both parents agree to waive it?

Likely not. Courts do not usually waive child support even if both parents agree because child support is the right of the child, not the parent. 


Discuss your visitation or child support enforcement options in a confidential consultation with an attorney in our office. Contactus byemail or call us at 832-844-1677.