Family Law Cases in Texas: Modifications and Enforcements

In the dynamic landscape of Texas family law, staying informed about modifications and enforcements is crucial. This concise guide delves into the essential aspects of family law cases in Texas, offering clear insights and practical advice for those navigating these legal waters. Whether you’re dealing with custody adjustments or enforcement of court orders, understanding these processes is key to protecting your rights and ensuring fair outcomes.

Critical Thresholds for Modifying Child Residence Orders in Texas

Texas courts are cautious in altering primary residence orders for children, prioritizing stability and consistency in their lives. Modifying such orders within a year of establishment involves additional complexities.

Key criteria for modification include demonstrating the child’s current environment poses risks to their physical or emotional well-being. This might involve instances of abuse, neglect, or exposure to harmful activities like drug use or violence at the home of the other parent.

Consent from the parent with exclusive rights to determine the child’s primary residence can also enable the modification suit to progress, though such consent is rare. Even with consent, the child’s best interests remain a paramount consideration.

A third scenario allowing for modification is if the other parent voluntarily relinquishes care and control of the child for at least six months. This could involve transferring care to you or another adult.

In the absence of these conditions, courts are likely to deny the modification suit, underscoring the rigorous standards applied in these sensitive family law matters in Texas.

Modifying a Child Support Order

At the Law Office of Bryan Fagan, PLLC, I frequently consult with parents seeking to modify a child support order. These parents aim to either increase the other parent’s financial obligation or decrease their own child support payments.

Like all modification cases, they must prove specific circumstances to alter a previous child support order. They need to demonstrate a material and substantial change in the child’s circumstances or those of any party involved in the enforcement suit. Additionally, they must show that at least three years have elapsed since the court issued the prior order and the filing of the current modification suit.

Filing an Enforcement Case in Family Law Court

There is nothing more frustrating than going through an entire case- whether a SAPCR or divorce case- only to have the other party fail to follow through on their end of the bargain. Whether they are not paying child support correctly or have repeatedly failed to make your child available for visitation with you, there are remedies for their failure to abide by a family court order.

Enforcement cases in Texas involve elements of civil and criminal law and reasonably complex procedural issues.

Contempt of court occurs when the other party in your court order fails to comply with the declaration. This non-compliance can result in fines and jail time. Criminal contempt can lead to up to 180 days in jail and a fine of no more than $500 for each violation of the court order.

To determine how the other party was supposed to act, refer to the language of the original order. This language must be clear and concise, leaving no room for ambiguity in the required actions. If the order allows for multiple interpretations, enforcing it later might be problematic.

To enforce an order regarding conservatorship, child support, possession, and access, you must file an enforcement motion with the court. You can also address issues not involving children, such as property division, spousal support, or debt payment, by filing an enforcement suit.

Requirements of the Motion for Enforcement

In your enforcement motion, you or your attorney need to specify which type of punishment (civil, criminal, or both) you seek. Remember, you should not request a jail sentence of more than 180 days in an enforcement case.

Requesting over 180 days allows the other party to opt for a jury trial and to request court-appointed representation if they cannot afford an attorney.

In child support enforcement cases, you must detail the owed child support amount, any payments made, and the outstanding balance. It’s important to identify the specific order sections violated, including the dates of these violations and the corresponding amounts due or paid.

For child support enforcement, you must file the action within six months after the child reaches adulthood or the child support order concludes, as stipulated in the order. One thing to be especially aware of is that if you seek to collect child support arrearages under an order, there is no deadline to file by, and you can do so indefinitely.

Property Division Enforcement

Any property sought to be divided in a divorce must have existed when the divorce was finalized.

After that, any modification suit must have been filed within two years of the final decree signed off by the judge in your case.

Notification of the Opposing Party to Your Enforcement Suit

In contrast to other family law cases, you must personally serve your enforcement petition on the opposing party. Additionally, you must include an order in the petition requiring them to appear for a hearing.

The opposing party has the right to a ten-day preparation period before this hearing. If you serve them within ten days of the hearing, they must still attend to be “sworn in” by the judge or their court clerk to reappear at a future date and time.

The Law Office of Bryan Fagan, PLLC

If you have questions about anything you’ve read through today or anything posted over the past few days, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC.

One of our licensed family law attorneys will be happy to meet with you in a free-of-charge consultation to answer any questions that you may have. Thank you for your time, and we hope to have you back tomorrow to learn more about Texas family law cases.

In any other type of enforcement case, you need to identify the provision in the order that the other party has violated, state how they have failed to comply, and request specific relief. Ensure that your attorney signs the document after completing it.

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Other Articles you may be interested in:

1. Family Law Enforcement Hearings: Agreements to Settle and Trial
2. Reviewing your case history is crucial to success in an enforcement case
3. Texas Family Law Court: Enforcement Actions
4. How much will your child support enforcement case cost?
5. The Steps of an Enforcement Case in Texas family law court
6. Preparing for an Enforcement case in Texas
7. Defending against an Enforcement Action in Texas
8. Enforcement Suits in Texas Family Law, Part Two
9. Enforcement Suits in Texas Family Law: An Overview
10. Child Support Enforcement Defense – Act Sooner Rather than Later
11. Can my Texas Driver’s License Be Suspended for Not paying Child Support?
12. A Tale of Two Parents: Enforcing Child Custody Orders in Texas

Law Office of Bryan Fagan, PLLC | Houston, 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 Houston, TX EnforcementLawyers right away to protect your rights.

Our enforcement 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. The Law Office of Bryan Fagan, PLLC, handles enforcement cases in Houston, 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 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.