When you’re facing a family law enforcement case in Texas, particularly involving child custody, understanding the concept of “contempt” is crucial. Moreover, knowing what to bring to your child custody pre-trial is essential for your case’s success.
Understanding “Contempt” in Enforcement Cases
If you’re delving into enforcement cases or have consulted an attorney, you’ve likely encountered the term “contempt.” It refers to disobedience or failure to comply with court rules. Facing contempt charges can lead to significant consequences. It’s important to explore both criminal and civil contempt types, as they can influence the punishments imposed in your case.
Criminal vs. Civil Contempt in Child Custody Cases
Two types of contempt exist in enforcement cases: criminal and civil. Criminal contempt involves punishments like jail time for violating court orders, such as unpaid child support. Civil contempt penalties are more open-ended, ending when compliance is achieved, such as catching up on child support payments.
What to Bring to Child Custody Pre-trial?
To prepare for a child custody pre-trial in Texas, you should actively gather essential documents and information to bolster your case. Ensure you have all relevant court orders, agreements, and divorce decrees readily accessible, as these form the basis of your custody dispute. Obtain copies of your parenting plan, visitation schedule, and any applicable modifications. Additionally, create a comprehensive list of witnesses, complete with their contact details, who can testify about your parenting capabilities and the child’s best interests.
Financial records also assume a pivotal role in custody proceedings. Bring evidence of your financial stability, including tax returns, pay stubs, and records of child support payments made or received. Include medical records, school reports, and any other documents that actively showcase your commitment to your child’s well-being. This proactive and thorough approach to assembling what to bring to child custody pre-trial can significantly fortify your position, enabling you to present a compelling case that places your child’s best interests at the forefront.
The Importance of Serving Your Enforcement Motion
As the Petitioner in an enforcement case, serving your motion correctly is vital. The motion, along with a court order, must reach the Respondent, informing them of the hearing date and location. Ensure you serve a Notice to the Respondent at least ten days before the hearing. If the notice period is insufficient, inform the court during the initial hearing to reschedule and provide proper notice.
Legal Representation for the Respondent
In enforcement cases involving criminal contempt, the Respondent may be appointed an attorney if considered needy. The chances of being deemed indigent vary by county. If appointed, the attorney will have ten days to prepare for the trial.
Handling No-Show Scenarios
If you’ve prepared for the hearing but the Respondent fails to show up, the court may issue a capias warrant for their arrest. Once detained, the Respondent must be brought before the judge within a day and cannot be held for more than five days.
Determining Child Support Arrearages
Calculating missed child support payments is straightforward. Your attorney will determine the arrearage judgment by subtracting any payments made from the total due and applying a six percent interest rate. Even if the Respondent has become current in payments, they may still be responsible for attorney’s fees and court costs.
Settling Enforcement Cases and Trial Preparation
Settling an enforcement case out of court can be an effective approach, and we’ll discuss this further in tomorrow’s blog post. If a settlement isn’t reached, preparation for trial becomes crucial.
For any queries regarding family law enforcement cases in Texas, feel free to contact the Law Office of Bryan Fagan, PLLC. We offer free consultations where our licensed family law attorneys can provide guidance and answer your questions.
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Other Articles you may be interested in:
- Reviewing your case history is crucial to success in an enforcement case
- Texas Family Law Court: Enforcement Actions
- How much will your child support enforcement case cost?
- The Steps of an Enforcement Case in Texas family law court
- Preparing for an Enforcement case in Texas
- Defending against an Enforcement Action in Texas
- Enforcement Suits in Texas Family Law, Part Five
- Enforcement Suits in Texas Family Law, Part Four
- Enforcement Suits in Texas Family Law, Part Three
- Enforcement Suits in Texas Family Law, Part Two
- Enforcement Suits in Texas Family Law: An Overview
- Child Support Enforcement Defense – Act Sooner Rather than Later
- Can my Texas Driver’s License Be Suspended for Not paying Child Support?
Law Office of Bryan Fagan, PLLC | Tomball, Texas Enforcement Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding order enforcement, it’s essential to speak with one of our Tomball, TX EnforcementLawyers right away to protect your rights.
Our enforcement lawyers in Tomball, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles enforcement cases in Tomball, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
