Security or Bond in a Child Custody Case

Generally, even if parties who share custody of a child have a contentious relationship, they will comply with court orders regarding possession and access and will not try to interfere with one another’s rights. Some parents, however, refuse to comply with the courts’ directives and present a risk of unlawfully depriving their co-parents of custody rights by absconding with their children. When this risk is present, a court may require a security or bond in a child custody case. If you believe your co-parent wishes to leave the state or country with your child without permission or you have been accused of planning to kidnap your child, it is critical to speak to a lawyer about your rights. The capable Dallas child custody attorneys of McClure Law Group are adept at handling complicated custody matters, and if you hire us, we will advocate aggressively on your behalf to help you fight to protect your parental rights.

Typically, when a court resolves a custody dispute, it will issue an order dictating each parents’ rights. Specifically, the order will establish conservatorship, or legal custody, and will define possession or physical custody rights, and set forth a schedule stating when each parent has possession of or access to a child and where custody exchanges will take place. In many instances, the court will grant one parent the right to designate the child’s permanent residence as well or will express that the child must remain within the state.

In all custody cases, the court’s primary concern is determining an arrangement that is in the best interests of the child that is the subject of the custody dispute. While it is not uncommon for parents to disagree with whether a court has ruled properly, most parents comply with the court’s terms. Some, though, will withhold possession of their children or demonstrate signs that they intend to flee with their children to another state or country in an attempt to obtain sole custody. In evaluating whether there is a risk a parent will kidnap a child, a court will assess whether he or she has threatened to do so, withheld possession of or access to a child, and lacks financial reason to stay in his or her current location or engaged in any behavior to facilitate the abduction of the child.

Fortunately, the Texas Family Law Code permits the court to take measures to prevent one parent from unlawfully refusing to comply with custody orders or absconding with their children. Specifically, if a court determines that a person with a possessory interest in a child is likely to violate a court order pertaining to that interest, the court can order that individual to deposit security or execute a bond. The court will condition the security or bond on adherence to the terms of the order, which means that if the party violates the order, he or she will forfeit the bond or security. The court has the discretion to determine what amount is appropriate to compel compliance.

Courts may also order a parent to provide a security or bond in a child custody case in which the parent has denied possession of or access to a child subject to a custody order on two or more occasions. The court will determine the amount of security or bond and condition it on compliance with the applicable custody order. The court will order the security or bond payable through the registry of the court to the party who is entitled to access or possession if enforcement is requested.

When one parent presents a risk of refusing to obey a custody order, it can cause the other parent to suffer anxiety and frustration, but there are measures the courts can take to attempt to force compliance. If your child’s co-parent unjustly denies you possession or access to your child or has accused you of engaging in such behavior, it is vital to speak to an attorney. At McClure Law Group, our assertive lawyers are mindful of the importance of preserving parental rights, and if you hire us, we will work tirelessly on your behalf. We frequently represent parties in family law cases in Dallas, Frisco, Fort Worth, McKinney, Irving, Richardson, Rockwall, and Garland. We also help people with custody disputes in cities in Dallas, Rockwall, Denton, Tarrant, Collin, and Grayson Counties. You can contact us through our form online or by calling 214.692.8200 to set up a conference.