Can a Parent Lose Custody for Not Following a Court Order?
Loss of custody is one potential court order violation penalty.
Everyone must play by the rules, from children playing tag to adults embroiled in divorces or other family law matters. One participant’s unfair play often wrecks the game. Additionally, many judges believe that where there’s smoke, there’s fire. In other words, if a parent does not obey a court order, that parent probably will not play by the rules in other areas as well. That conduct wrecks the delicate co-parenting balance that family law judges want so badly.
Failure to pay spousal and/or child support may be the most common court order violation in family law cases. Others include failure to follow visitation schedules and no-contact restraining orders. Parents who violate court orders risk adverse action, such as losing custody, even if they make it right later. The judge usually gives these parents a second chance if a Fort Worth family law attorney properly pitches that request.
During a Divorce or SAPCR
Technically, if one support payment is one day late, the actor violated a court order. The same thing is true if Dad picks up Junior at 7:01 instead of 7:00. However, most judges only punish parents who display a pattern of court order violations.
A teacher’s rule of thumb is not to smile at the kids until Thanksgiving. Strictly enforce the rules right from the start, because it’s easy to relax them later. It is much harder to begin informally and crack down later.
Somewhat similarly, pre-divorce court order violations are usually more serious than post-decree court order violations, as far as most judges are concerned. Most judges like to lay down the law early and clearly establish their authority.
Additionally, pre-decree punishment is relatively easy to reverse. A judge imposes loss of custody or another penalty at a routine hearing, and a judge can reduce, lift, or increase that punishment just as easily.
Post-Decree Court Order Violations
After the decree, if a party violates a court order, the judge will not unilaterally take action. In many cases, the offended party may not want the judge to take action, since adverse action could throw gasoline onto a smoldering fire. But at the same time, court order violations should never be overlooked. So, several different approaches are available:
- Demand Letter: Some parents unintentionally violate court orders. Others fall behind on support payments, for one reason or another, want to catch up, but do not know how. A lawyer’s demand letter gives the person notice of the problem and establishes a framework for catching up on payments or otherwise resolving the matter without antagonizing anyone.
- Corrective Orders: If a spouse is not following a court order, that order has become unworkable or infeasible. Therefore, a judge has the power to modify the existing orders. A withholding order in a delinquent support matter is a good example. In Texas, obligees (people owed support) can take up to 50% of an obligor’s disposable income.
- Confinement: Violating a court order is a criminal offense. Probation or jail time is usually a last resort if the other methods have failed. However, extreme disobedience usually calls for extreme penalties.
In addition to the enforcement of existing orders, court motions often modify the existing orders to help ensure smoother sailing going forward.
Connect With a Diligent Tarrant County Attorney
Parents who violate court orders face punishment, including loss of custody. For a confidential consultation with an experienced family law attorney in Fort Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. The sooner you reach out to us, the sooner we start working for you.