Law Office of Roland R. Esparza, P.C.

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Petitioning for the enforcement of a custody agreement

It's not all the uncommon for us here at the law office of Roland R. Esparza, P.C. to work with couples embroiled in bitter child custody disputes. For those parties involved who feel as though their outcomes were unfavorable, the disappointment of their rulings combined with the heightened emotions of the moment could prompt them to not follow the agreement set forth by the court. In some cases, they may even try to take the children and flee. For parents concerned about the enforcement of their child custody agreements, there are steps that can be taken to have the courts intercede in such a matter. We'll outline those steps here.

The Texas Constitution and Statues website outlines the process for petitioning the court to enforce a child custody agreement in Section 152.311. In it, it states that the parent asking for enforcement must prove one of two things:

  •          The child is in imminent danger at the hands of the other parent
  •          The other parent is a potential flight risk

If so compelled, the court may then issue a warrant to take custody of the child. That warrant could potentially allow officers to forcibly enter a parent’s residence in order to take custody if less intrusive methods are thought to possibly be ineffective.

Such a warrant may not, however, include provisions to return the child to the custody of the petitioning parent. Instead, it may arrange for interim custody to be given to another party in order to ensure that the child and both parents are present at the subsequent hearing on the petition. It’s in that hearing that the court will consider any modifications to the custody agreement in light of any recent actions.

For more information on the enforcement of custody agreements, visit our Child Custody-Visitation page. 

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