If your co-parent consistently fails to follow the agreed parenting time schedule, it can create stress for you and negatively impact your child.
In Texas, both parents must follow the court-ordered parenting plan. There are steps you can take to enforce these obligations.
Review the court order
The first step is to carefully review the existing court order or parenting plan. It will outline the specific obligations each parent has regarding visitation or custody. Ensure that your co-parent is clearly in violation of the order before taking any action. A misunderstanding about scheduling or miscommunication may occasionally occur, so it is important to check that the violation is not due to a reasonable excuse.
Document violations
Keep a detailed record of every instance your co-parent misses their scheduled parenting time. Write down the dates and times of the missed visits, and note any communication related to these violations. This documentation can serve as evidence of a pattern of non-compliance if enforcement becomes necessary.
Communicate directly
If a co-parent has missed parenting time obligations, try to communicate directly and politely to resolve the issue. It may be possible to settle certain issues through a calm discussion, allowing both parties to agree on make-up time or adjustments to the schedule. Written communication, such as emails or text messages, can provide documentation of your efforts to amicably resolve the situation.
File an enforcement action
If the other parent continues to violate the parenting plan, you can file an enforcement action in court. Texas courts take violations of court orders seriously. Penalties can include fines, modifications to the existing parenting plan or even jail time in extreme cases. The goal of enforcement is to ensure that the co-parent follows the court order and that the child’s best interests remain protected.
Custody orders and parenting plans exist to ensure the well-being of the child in a way that is also fair to both parents. The situation is no longer fair to you if your co-parent puts you in a situation in which you must bear their parenting responsibilities as well. When enforcement action becomes necessary, the established processes can help you achieve a favorable outcome for yourself and your child.
