Understanding Parenting Time, Custody Modifications, and Court Orders in Texas

Navigating parenting time and custody issues after a Texas divorce can be confusing. Between the different terms used for custody arrangements and the process for modifying custody orders, it can feel overwhelming. In Texas, understanding terms like "parenting time" vs. "visitation," the potential consequences of non-compliance with court orders, and how to handle custody modifications is essential for every parent involved in a custody case.

What is Parenting Time vs. Visitation in Texas?

One of the first questions people often ask when dealing with a Texas custody case is about the difference between visitation and parenting time. Although these terms are sometimes used interchangeably, the difference lies more in preference and terminology than legal meaning.

"Visitation" often has a more passive connotation, implying brief, temporary interactions, while "parenting time" focuses on the time a parent spends actively caring for their child. As a family law attorney, we prefer the term parenting time because it encompasses not just the visit but also the responsibilities and duties of the parent during that time.

Parenting Plans in Texas Custody Cases

When parents in Texas divorce, creating a parenting plan can be beneficial, even though the term "parenting plan" is more commonly used in collaborative divorce or therapy settings. A parenting plan goes beyond simply scheduling when the child will be with each parent. It includes considerations for major life events such as medical care, holidays, and even college decisions.

However, it's important to know that Texas courts generally use terms like "possession schedules" or "parenting time" in legal settings. A parenting plan can be a great tool for parents looking to maintain stability for their children while ensuring that all needs are met and that decisions regarding their child's future are made collaboratively.

Texas Custody Modification: Proceed with Caution

A question that often arises is whether it is possible to modify a custody order after a divorce or a finalized custody case. The answer is yes, but Texas courts take modifications seriously. In fact, one of the key principles in Texas family law is the emphasis on stability for children. Courts generally avoid making changes to custody arrangements unless there is a compelling reason.

Before deciding to file for a custody modification, it's important to understand the costs—both emotional and financial. A motion for enforcement or modification can be expensive and emotionally taxing, and the court may not always rule in your favor. If you’re considering pursuing a modification, especially for minor issues like late pick-ups or visitation, you’ll want to carefully evaluate whether the change will truly benefit the child.

If there are valid reasons, like a child's safety being in jeopardy or the refusal of necessary medical treatment, then a modification may be justified. It's important to consult with an attorney to determine whether your situation meets the legal threshold for a modification.

What Happens if a Parent Refuses to Comply with the Custody Order?

Another common issue that arises in Texas custody cases is non-compliance with court orders. When one parent refuses to follow the court’s possession schedule, the consequences can vary. Legally, if a parent consistently violates court orders, they may face sanctions or even jail time through a motion for enforcement. In reality, however, the courts tend to reserve serious consequences for major violations.

For instance, being ten minutes late for a pick-up may not result in a significant consequence, but consistently violating major terms of the custody order—such as refusing to return the child after a scheduled visit—can lead to serious repercussions. Parents who continuously violate court orders could find themselves facing legal action, including fines, attorney’s fees, and in extreme cases, jail time.

When is Custody Enforcement Necessary?

If a parent’s behavior is causing serious disruption, it may be necessary to file a motion for enforcement. For example, if a parent is consistently late or refuses to adhere to agreed-upon visitation schedules, you might feel compelled to take legal action. However, it's important to understand that courts don't typically take action on minor violations unless they are part of a larger pattern.

The court will want to see a significant and ongoing issue that disrupts the child’s well-being or causes harm to the parent-child relationship. If a parent is refusing to provide necessary medical care or is placing the child in unsafe situations, that’s a legitimate reason to consider enforcement or even modification.

In less serious cases, such as minor tardiness, it's still important to document each violation. Keeping a detailed record can help build your case if you decide to pursue a modification or enforcement action later.

Consulting with a Texas Family Lawyer

When dealing with custody modifications, parenting time issues, or non-compliance with court orders, it's crucial to consult with a Texas family lawyer. Navigating these legal matters without the proper guidance can be challenging and costly.

A family law attorney can help you understand whether your situation warrants a modification or enforcement action and assist you through the process. They can also provide advice on how to approach less serious issues like tardiness or small violations, helping you make decisions that prioritize your child’s well-being.

Hembree Bell Law is ready to guide you through your Texas custody case with the knowledge and experience you need. Whether you need help creating a parenting plan, enforcing a custody order, or modifying a custody arrangement, our experienced attorneys are here to support you every step of the way.

If you're ready to take the next step, schedule a free case evaluation today at www.hembreebell.com or call 512-351-3168.