ENFORCEMENT
Enforcement
The other parent or other conservator not following the visitation schedule, what should I do? The other parent or the other conservator is withholding possession and access to my child(ren), what should I do? I have not been able to see my child(ren) for some time now, what are my rights?
Your best option would be to file a petition requesting the Court to enforce the current custody order in place. If you do not have a custody order in place designating specific rights and duties of each conservator and a parenting plan designating specific possession and access schedule, then you must start with a petition to determine parent child relationship. However, before you start the enforcement process, you might want to try to see if you can reach out to the other parent and remind him/her of the designated times for possession and access. After several attempts and the other conservator is unwilling to maintain to the possession and access schedule designated in the custody order, then perhaps it is time to take legal action. This is a case-by-case matter so it is hard to give a blanket advice on how to react and how to respond to the other conservator. It is best to schedule for a one-on-one consultation with an attorney and explain to him/her your circumstances for a more precise assessment of your case.
Family Law Q&A
Generally, you must be domiciled in Texas for six months before the suit is filed and be a resident of the county for the past 90 days.