Custody and Visitation Enforcement
Nothing is more important than time spent with your children. Whether the other parent is denying you access to your child or frequently missing visitation, our attorneys can help ensure that your child custody agreement is complied with, and your time with your children is protected.
Houston Custody and Visitation Enforcement Attorneys
Don't hesitate to get in touch with us if you are having trouble ensuring the compliance with conditions set forth in the visitation and custody agreement you and your spouse signed. Our Houston family lawyers are experienced in handling cases like this throughout Houston, including the surrounding areas in Harris, Waller, Montgomery, Fort Bend, Grimes, and Washington counties. Let us put our experience to work for you and get your family's best interest back in order.
Custody and Visitation Enforcement Information Center
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When the Non-Custodial Parent Refuses to Return the Child
In some cases where a non-custodial parent refuses to return a child at the end of their visitation period, the child is in danger. If you believe that your child is in danger, contact the authorities immediately. In most cases, however, there is no immediate threat to the child. The other parent simply wants to continue their possession of the child. In those cases, you have options that your attorney can discuss with you.
If the non-custodial spouse is refusing to give the child back at the end of his or her visitation with the child, it’s important to act quickly. Texas law provides that the custodial parent should file an application for a writ of Habeas Corpus. As long as there is a valid court order in place which entitles the custodial parent to possession of the child, the child will be returned. You should talk to our attorneys immediately if your ex-spouse is refusing to return your child to you, in violation of your court order.
A parent can also apply for Habeas Corpus if a non-parent (such as an aunt or grandparent) is refusing to give up possession of the child, even if there is no court order in place.
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Other Options
Texas law provides other options for insuring that your child is returned to you safely and promptly. These options include:
- Tort (personal injury) Liability for Interference with Child Custody: this kind of liability can be imposed on anyone who takes or retains a child, or conceals the child’s whereabouts, including the other parent.
- Criminal Liability
- Contempt
Our Houston Family Lawyers can discuss all of the options with you.
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International Abduction
In some cases, the court might find that there is a risk that one parent will leave the country with the child, against the other parent’s will. The court will consider whether the parent has threatened to kidnap the child or has done so in the past, if the parent has the means or motive to go to another country, if the parent has any incentive to stay in the United States, and if the parent has done anything to indicate that he or she is planning on leaving the country.
If the court finds that there is a risk of international abduction, the court will make special arrangements to ensure that the child is not abducted. This may include ordering supervised visitation, passport controls, or preventing the parent from taking the child out of school.
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When the Custodial Parent Refuses to Allow Visitation with the Non-Custodial Parent
If you are a non-custodial parent and have been denied your visitation rights, you also have options. The other parent may be held in contempt for refusing to comply with the court’s order.
You should talk to an attorney immediately. Do not take self help measures such as withholding child support or attempting to take possession of the child yourself.
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Wilhite & Lea, P.C. | Texas Custody and Visitation Enforcement Lawyers
Dealing with custody and visitation enforcement can be daunting and stressful for someone who isn't familiar with the way that family law cases proceed. Having the experienced legal support of a law firm like Wilhite & Lea, P.C. will help you resolve your case with significantly less trouble. If you are in Houston and Harris County, including: Spring, Cypress, Klein, Humble, Tomball, the FM 1960 area, North Houston; and Montgomery County, including: Conroe and The Woodlands; as well as the surrounding counties of Fort Bend, Grimes, Waller, and Washington, contact us today to speak directly with one of our attorneys about your case.