What Is A Child Custody Enforcement Order? - Bineham & Gillen

custodyWhat Is A Child Custody Enforcement Order?

February 27, 2023by James Gillen

Getting lost in the technicalities can be easy when you’re going through a divorce. This can be especially true during emotional and drawn-out legal proceedings, which may lead to misunderstandings. Bineham & Gillen has over 20 years of family law experience in San Antonio, Texas, so you can trust us to help you navigate your child custody enforcement order.

Child Custody Enforcement Orders

These custody enforcement orders are designed to ensure that there are legal avenues for parents to regain possession of their child. Parents that evade custody orders may go even as far as to take children overseas, making it necessary to have a method of enforcement for custody.

There are a lot of different ways that these orders are enforced. These include visitation enforcement kits, the rules of habeas corpus and even holding the opposing party in contempt. These enforcements will sometimes include police enforcement because interference with child custody is a crime.

Family Law And Contempt

A large part of enforcement in family law is holding the offending party in contempt of the court order. This criminal charge ensures that both parents remain accountable for what the court rules.

For custody enforcement orders, contempt can indicate a failure to return the child on time or a repeated failure to pick them up at the correct times. You must continue stable and reliable communication about pick-up times, drop-off times and any situations that arise. A court will not usually hold you in contempt for an emergency out of your control, but you must make it known.

Contempt in family court can have punishments that reach 6 months of jail time, which can significantly impact your life outside the family. If you’re worried about being held in contempt for failing to follow a court order, consult your family lawyer.

Custody Enforcement Orders Versus Support Enforcement Orders

Custody enforcement orders uphold and keep parties accountable to a pre-existing legal decision, and so do support enforcement orders. Support orders establish the amount of monetary support owed by the parent who is designated noncustodial. Both are SAPCR cases. This stands for a Suit Affecting the Parent-Child Relationship and can cover everything from child support to assistance with dental bills.

The differences mainly lie within the way that these two orders are enforced. Custody enforcement orders often have very proactive and fast ways to resolve conflict, while support enforcement is usually gradual.

A great example is a difference between a visitation enforcement kit and income withholding orders. Visitation enforcement kits will generally hold criminal charges of contempt of court. Income withholding orders will take a different approach of returning to court to take some of the offending party’s wages to meet the requirement for child support. This falls under the Texas constitution, which gives permission to the Texas government to garnish wages in the cases of child and spousal support, unpaid taxes and student loans.

Find Your Lawyer In San Antonio Today!

Finding a great child custody lawyer doesn’t have to be a hassle. Legal systems are tough to navigate. A family lawyer is your best bet if you’re looking for someone to help you set up your custody enforcement order.

Bineham & Gillen will advocate for your best interests while still being affordable and providing fantastic customer service. We specialize in all forms of family law, running from temporary restraining orders to prenuptial agreements. Call today for a family lawyer with experience!