Child Custody Enforcement in Bexar County
In Bexar County, Texas, child custody enforcement refers to the legal processes and mechanisms in place to ensure that court-ordered custody arrangements are upheld. A Motion for Enforcement is the term for proceedings that are brought to force a person to obey a court order. If one party fails to comply with the court order, a Motion for Enforcement to bring the non-compliance to the court’s attention is filed. The court will review the evidence produced listen to testimony and decide on the Motion for Enforcement.
The type of orders the court will enforce are:
- Child Support
- Possession and access to children
- Property Division
- Post-Divorce Maintenance
This typically involves providing the following documents:
- Custody Orders: These are court documents that outline the terms of child custody agreements, including where the child will live, visitation rights, and responsibilities of each parent. The most current order will need to be provided to your legal team.
- Texts, Photos, Parenting Apps: Texts between the parties regarding the failures to follow the court orders, any photos that demonstrate you have been at the drop-off and pick-up points at the times you are ordered to, and any parenting app conversation regarding the infractions will need to be provided to your legal team.
What to expect with a Motion for Enforcement
A Motion for Enforcement is filed with the Court. The motion will outline the specific violations of the court order not being followed with the specific provisions of the order that is being violated. Lastly, the requested relief for the infractions will be listed in the motion.
After the Motion for Enforcement and a Request for Process (becomes a Citation of Service) is filed with the Court, the Court will review and accept the motion if all the elements are completed. The Court will send the file-stamped Motion for Enforcement and Citation back to your legal team who then forward it to the process server.
Once the opposing party has been given service and proof of that is filed with the Court a hearing will be held. You will appear for the hearing; evidence is presented to the judge from both sides and the judge is tasked with making a decision.
The judge will render their decision and an order will be drafted, circulated, and signed by all parties to include the judge.
Whether it is a motion of enforcement of support or possession, the party bringing the lawsuit wants to find the person in contempt of court for having failed to follow what the judge previously ordered. If a person is found in contempt of a court order, the judge has discretion on how the person will be punished.
If you are dealing with a child support enforcement issue in Bexar County or the surrounding counties, it may be beneficial to consult with a family law attorney who is familiar with local laws and procedures. Book your appointment today with the Denis Law Group.