Enforcement of Texas Custody Orders: A Cure for the Summertime Blues

by Ricardo Barrera

Enforcement of Texas Custody Orders - A Cure for the Summertime Blues

(Para español, haga clic aquí.)

Summertime is quickly coming in terms of Texas Custody Possession Orders. The Standard Possession Order requires you to notify the custodial parent of the dates of summer time possession you designate if they differ from the standard default dates (July 1 to July 31; Under 100 miles). 

Sometimes, a parent is reluctant to provide summertime possession because of some lawless arbitrary like not approving out-of-state travel, or the expectation that the other parent will be off from work on each day as well, which is financially impossible for most. Court orders that don’t clarify or address these issues because of a special need or unique concern, must not be unilaterally misrepresented as the Court will usually not accept a defense of ignorance as to non-compliance.

If you have a legitimate concern it’s important to consult a lawyer to seek clarification of a court order, an emergency injunction, or modification of an order. You will need to present clear and convincing evidence, based on a material and substantial change of circumstances affecting the best interests of the children, prior to that date on your possession and access order. 

The parent seeking possession and access should, but is not required to, send multiple notices to the other parent prior to summer time pick up if one has not been able to consistently exercise the court ordered possession and access schedule in the past because the other parent being suddenly surprised after 3 years of unavailability for summertime possession may lead to problems depending on the age of the child and any educational or extra curriculum requirements of the child.

Regardless, it may be that the only remedy to combat consistent non-compliance to a Texas Family Law Possession and Access Order is to request you be appointed the parent with custody based on parental alienation. This will usually require a jury trial and will be financially and emotionally costly.

For a free consultation on these matters, please call The Barrera Law Firm at 956-428-2822 or reach out to us online.

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