Family Law Cases in Texas: Enforcing Visitation and Property Orders

Visitation and property orders serve more than just ensuring child support payments are made; they encompass a wide range of family law issues that can be enforced. One such tool for enforcing these orders is the legal writ of habeas corpus, which can compel a person to comply with court-ordered custody and visitation arrangements. In today’s blog, the Law Office of Bryan Fagan, PLLC, will discuss how various family law orders, including visitation orders, can be enforced effectively, starting with the use of habeas corpus and other legal remedies.

Visitation and Property Orders in Texas Family Law: Habeas Corpus

It was only a matter of time before the lawyer started using weird Latin words. Sometimes in a visitation case, you cannot wait for a contempt order against an ex-spouse who has violated a visitation order from your divorce decree. A habeas corpus proceeding is your alternative in such a case.

For instance, if you are going through a divorce and there are no orders in place yet, you can file a habeas corpus action to have the Judge make a quick ruling to return your child from your spouse or another person’s possession.

On the other hand, a habeas corpus lawsuit would be appropriate in situations where you have an order in place, and the other party to the order has kept your child in their possession for longer than your court order allows.

Visitation and Property Orders in Texas Family Law: Taking Possession of Your Child via Warrant

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) allows for a court of any state in the country to recognize and enforce the child custody order of another state and vice versa. The laws of this state would apply to the out-of-state child custody order and would allow a court to use any means available under the law to return a child to the parent who brings the lawsuit.

One method to return a child to you is to apply for a warrant that allows you to take physical custody of your child if you believe that they are in danger of imminent bodily harm. Once you remove your child from their other parent, you must present the warrant and the petition you filed.

This method of enforcing a visitation order works effectively if you believe that your child is about to be removed from the State of Texas either to another state or internationally. To have a court issue this type of order, you need to present evidence that the act of removing your child is imminent.

Visitation and Property Orders in Texas: How to Enforce a Property Division Order

Property divisions come about as a result of divorces.

Once the court signs your divorce decree, your spouse may not turn over property awarded to you in the divorce.

Clarification Order

If the terminology used in the original order is not clear or specific enough for enforcement by contempt, you can request a clarification order.

The clarification order would set forth more specific terms that allow a court to enforce the order. The court will set a specific timeframe for satisfying the terms of the new order.

Money Judgment

If a court does not have the option to order you to deliver whatever property is in question to your ex-spouse, it can issue an order for a money judgment based on your failure to follow through and comply with the prior order. Likewise, a court can enforce order with property by awarding the right to receive the future parcel to you or your opposing party.

You can receive attorney’s fees and costs because you had to hire an attorney to file your enforcement case and represent you.

Tips for Proceeding With a Divorce

Family law cases demand your attention and respect, but people file for divorce more frequently than any other family law case. If you are filing for a divorce, it means that the bedrock of your family- the relationship between you and your spouse- has soured and that despite your best efforts to revitalize the relationship, there has been no success. What follows is an overview of the divorce case with tips on conducting yourself if you find yourself in one.

Your divorce is not only about emotion. It indeed contains emotional elements, and you may initially approach your case from this vantage point. However, your case is ultimately a legal proceeding that involves the rule of law. If you do not understand and know your rights, you are at a disadvantage compared to those who do.

Divorce, at its basis, dissolves the marriage relationship and institutes orders regarding community property/debts, conservatorship, possession, and support of your children.

Visitation and Property Orders in Texas: What to Know Before Filing for a Divorce in Texas

Appearing in court is typical in a divorce case at some stage; however, it is not required. Your attorney will have their method for preparing you for any courtroom appearance, but when it comes to addressing a judge or simply appearing in court, there is no need to be nervous.

To begin, always dress appropriately when in the courthouse. This does not mean breaking the bank and buying all new clothing for your two-hour court appearance. It does, however, mean that you should dress in a manner that is befitting the building.

For men, you should wear a dress shirt with dress pants. Jeans are ok as long as they are clean, wrinkle-free, and do not have an excessive amount of designs or other distracting material on them. Bonus points if you can round up a jacket or tie to wear with your pants and dress shirt.

You cannot go wrong with a dress, pants, or a skirt for women. Remember, you are not here to impress anyone from a fashion standpoint, so there is no need to wear any clothing that is too short, revealing, or tight.

Act Appropriately Even When Not in Front of Your Judge

From the moment you walk into the courthouse, you must act as well-behaved as possible. This is true even if you are not actually in your courtroom or in front of your Judge.

When the Judge asks you a question, speak clearly, politely, and with appropriate volume in your response. It could be that the Judge is not standing just a few feet from you, and you will need to speak up to have him, or her hear what you are saying.

One tip that I will tell clients immediately before a hearing is that the court reporter transcribes the hearing diligently but cannot pick up on a head nod or shake. Make sure every response you provide to a question is verbal and not nonverbal.

It is ok to address the Judge as “Your honor,” “Sir,” or “Ma’am.” Many attorneys will refer to the Judge as simply “Judge,” though I do not recommend this for clients.

Conclusion

Enforcing family law orders, including visitation and property orders, is crucial to ensuring that all parties adhere to the court’s decisions. Tools such as habeas corpus can be instrumental in compelling compliance, especially when individuals fail to follow custody and visitation arrangements. Whether through habeas corpus or other legal means, it’s important to understand how to enforce these orders effectively. Seeking professional legal guidance helps individuals navigate the complexities of enforcement and ensures their rights are upheld under Texas family law.

The Law Office of Bryan Fagan

If you have questions about family law cases in Texas, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC, today.

A free-of-charge consultation is only a phone call away. One of our licensed family law attorneys will be happy to meet with you to answer questions and go over any information you would like to talk about.

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Other Articles you may be interested in:

1. Habeas Corpus – What Does It Mean and How Can It Help You in a Child Custody Case
2. What Is The Cost To File a Petition For a Writ Of Habeas Corpus?
3. Should I File a Writ Of Habeas Corpus If the Child’s Parent Is Wrongfully Keeping the Child?
4. When Can a Minor Child Weigh in on Custody Decisions in Texas?
5. Does my 18-year-old child still have to go with their other parent on the weekend for court-ordered visitation in Texas?
6. What can happen when you ask the Judge to talk to your teenager during a divorce
7. 15 Myths About Divorce in Texas
8. Mom Versus Dad Who Gets the Rights? – Custodial Rights Vs. Non-Custodial Rights in Texas
9. A Tale of Two Parents: Enforcing Child Custody Orders in Texas
10. Texas Divorce Morality Clause: Be Careful What You Ask For
11. 6 Tips – On How to Prepare for a Texas Divorce
12. How am I going to Pay for My Texas Divorce?
13. How Much Will My Texas Divorce Cost?

Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with one of our Houston, TX, Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Houston, 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.

Bryan Joseph Fagan( Attorney )

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.