Texas Divorce Attorney Blog
When a parent in a Texas custody case fails to comply with a court order, the other parent may petition for enforcement of the court order. The parent seeking enforcement may pursue an order of contempt, which can result in six months’ jail time, a fine of $500 per violation, or both. A father recently appealed a contempt order against him, arguing in part that the trial court failed to inform him of his rights to an attorney and against self-incrimination.
Mother Files Enforcement Action Against Father
Several months after the divorce, each party filed an enforcement petition alleging the other violated the decree. The mother asked the court to hold the father in contempt, incarcerate him for up to 180 days, put him on community supervision for 10 years, order him to pay a $500 fine for each violation, and award her attorney’s fees. She alleged he failed to provide documents needed to file tax returns, failed to sign documents to transfer property, and repeatedly interfered with her possession of the child.
A flight delay had resulted in the mother losing two days of possession. The other incidents were related to a disagreement regarding the exchange of possession. Under the decree, the father was required to surrender the child to the mother at the daycare or school, in the parking lot of a specified grocery store if the daycare or school was closed. The decree further permitted each party to “designate any competent adult to pick up and return the child. . .” and required either the party or a designated adult to be present for the drop off.