When a custody order is put in place, it becomes a legally binding agreement that both parents are expected to follow. In Austin, breaking an order can lead to serious legal consequences, especially in contested child custody cases where tensions are already high.
Whether you’re concerned about protecting your rights or responding to a violation, understanding the legal process can help you be more prepared for what lies ahead.
What is a Custody Order?
A custody order, also known as a Suit Affecting the Parent-Child Relationship (SAPCR) order, lays out each parent’s legal rights and responsibilities when it comes to their child. It determines who has physical custody, how visitation works, and who makes decisions for the child. These orders are commonly issued in contested child custody cases where both parents cannot agree on a plan.
Once issued by a court, a custody order carries the full weight of the law, and violating its terms is considered a direct violation of that court order.
Common Ways Parents May Violate a Custody Order
In contested child custody cases, emotions tend to run high. Sometimes, one parent intentionally or unintentionally violates the court order. Some common examples of violations include:
- Refusing to return the child after visitation
- Denying court-ordered visitation to the other parent
- Failing to abide by geographic restrictions
- Making legal or medical decisions without consulting the other parent
- Failing to follow the pick-up/drop-off schedule
It’s important to keep in mind that even minor violations can affect the outcome of future child custody proceedings.
Legal Consequences of Violating a Custody Order in Austin
In Texas, violating a custody order is considered contempt of court. Depending on the situation, a parent could face:
- Fines for each violation
- Jail time for serious or repeated violations
- Loss of custody rights or a modification of the current order
- Mandatory parenting classes or supervised visitation
- Attorney’s fees awarded to the other parent
For example, if one parent repeatedly withholds visitation in a contested child custody case, the court may decide to change the parenting arrangement altogether. The judge will always prioritize the child’s best interest, and violations can damage a parent’s credibility.
How to Document a Custody Violation
If you believe the other parent has violated the custody order, keeping detailed documentation is important. Below are a few best practices to help you build a strong, well-documented case:
- Keep a written log of all incidents
- Save text messages, emails, or voicemails
- Take note of missed visitations or altered plans
- Request police reports if necessary
- Work with an experienced Austin family law attorney to file a motion for enforcement
Without proper documentation, it can be difficult to prove that a violation occurred, especially in child custody cases, where courts rely heavily on clear, credible evidence to make decisions.
What to Do If You’re Accused of Violating a Custody Order
If you’re the one being accused of violating a custody order in Austin, it’s important to stay calm, but also take the situation seriously. In contested child custody cases, even minor or unintentional missteps can be used against you in court. Your first step should be to contact an experienced Austin family law attorney who can guide you through the legal process. Carefully review the order to understand your rights and responsibilities, and gather any evidence that supports your side of the story. Demonstrating a willingness to cooperate and comply with the court’s expectations shows accountability, which judges will take into consideration. Taking proactive steps now can help protect your role in your child’s life.
Modifying a Custody Order When Circumstances Change
As life changes, the terms of an existing order may no longer reflect what’s best for your child or your current situation. You might be facing a shift in your work schedule, relocating, or growing concerned about your child’s safety or overall wellbeing. In these situations and particularly in contested child custody cases, you may have grounds to request a modification. To make changes to a custody order in Austin, you’ll need to file a formal petition with the court and demonstrate that the proposed adjustment still serves the best interests of the child.
Protect Your Parental Rights with Deyerle Silva Smith
At Deyerle Silva Smith, we provide strong legal support for parents facing contested child custody battles and custody enforcement issues in Austin. Whether you’re looking to enforce a custody order, defend against accusations, or request a modification, our Austin family law attorneys are here to help.
Don’t wait for the situation to worsen. Contact us today to schedule a consultation and take the first step toward securing a better outcome for you and your child.