Modifying, Defending, or Enforcing an Out-of-State Child Visitation Order
As difficult as divorce and separation can be for a family, it can also be challenging to modify, defend, or enforce a child visitation order that’s been approved by a court. These challenges are multiplied when that order was created by an out-of-state court. If this situation comes up in your family, it is important to have a qualified family lawyer on your side to help you secure the best result for your family.
At BB Law Group PLLC, we are well-qualified to help you work through any difficulties in your visitation plan, even if that means enforcing, defending, or making alterations to an out-of-state child visitation order. Our attorneys have represented many families just like yours and know how to navigate the laws and regulations surrounding the modification, defense, and enforcement of child visitation orders that were created outside of our state. Call the Woodlands attorneys for modifying, enforcing, or defending out-of-state orders of BB Law Group PLLC today at (832) 534-2589 to speak with one of our lawyers about how to accomplish your child visitation goals.
Modifying an Out-of-State Child Visitation Order
You may wish to modify your conservatorship, or child visitation order, so that it better fits your family’s needs and the child’s best interests. There are several reasons a family might wish to modify an out-of-state child visitation order. In most cases, families make alterations to child visitation orders for any of the following reasons:
- One or both parents are relocating
- One or both parents are changing their job/work schedule
- One or both parents are caring for other children
While some families can settle on a modification on their own, it is best to have this modification officially recorded so that you can refer to it in the event of future changes and in the event you need the court’s help to enforce the order in the future.
In the state of Texas, a judge is required to officially modify a pre-existing out-of-state child visitation order. You should talk with a BB Law Group PLLC out-of-state modification attorney to determine the specific procedures to get Texas jurisdiction over your visitation order.
Either parent may file a modification order with a judge, regardless of whether they are the custodial or non-custodial parent, but the Texas courts must grant a modification in accordance with the laws and modification requirements of the other state.
A BB Law Group PLLC attorney can help you sort out the implications of a modification to your child visitation order, regardless of whether it is uncontested (both parties agree to the modification) or contested (one party disagrees with the proposed modification).
Defending an Out-of-State Child Visitation Order
Just as one parent might see fit to modify a child visitation order, another may wish to keep the existing order as it is. This often occurs when one parent wishes to modify the existing conservatorship in a way that may not align with the child’s best interests.
Talk to an attorney from BB Law Group PLLC about whether it’s possible to get jurisdiction for the order transferred to Texas so that a Texas court can rule on your petition.
To defend an out-of-state child visitation order, you will need to have a clear case for why the current order is in the child’s best interests. This may include making sure the order is clearly worded, providing examples of programs and activities available to the child under the current circumstances, and contacting a child visitation attorney from BB Law Group PLLC to build a compelling defense for the original conservatorship. You may be able to provide this evidence in a variety of ways, including:
- Bills and payments made for programs and services provided to the child
- Testimonies from those close to you who can speak to the effectiveness of the existing conservatorship
- Proof that you have maintained the agreed-upon visitation schedule (travel expenses, pickups from school, etc.)
The family law attorneys at BB Law Group PLLC are here to help you better understand how you might defend an out-of-state child visitation order that suits you and your family as it is currently written.
Enforcing an Out-of-State Child Visitation Order
Another action some families take to protect an agreed-upon child visitation order is legally enforcing it. This often occurs in out-of-state cases, as it can be difficult for both parents to perform in accordance with the originally outlined plan when they are traveling great distances. If the other parent is not performing in accordance with the child visitation order, you may consider taking legal action.
In the state of Texas, you have several options when it comes to enforcing an out-of-state child visitation order. While the court will enforce the order, meaning the Texas court will recognize and impose the out-of-state agreement, there are several other measures of enforcement. A court may, among other measures:
- Hold the violating parent in civil or criminal contempt
- Impose wage garnishment
- Suspend state licenses
In any case, Texas law requires you to file a motion to enforce visitation. This means that you will need to make sure that the existing order is outlined in as clear a format as possible to avoid any possible misinterpretation of the original visitation order. Texas Family Code 157.002 states that the motion to enforce visitation should:
- State which provision of the order was violated and should be enforced
- Describe how the order was not complied with
- State what you want to happen
- Contain the signature of you or your attorney
A family law attorney from BB Law Group PLLC can provide you with guidance as you work to enforce an out-of-state child visitation order. We are well-acquainted with the legislation surrounding enforcement and are prepared to support you and your family as we fight on your behalf to enforce the child visitation order.
Call BB Law Group PLLC Today
Our years of experience with clients just like you make us a fantastic choice for the lawyers best suited to get the courts to modify, defend, or enforce your out-of-state child visitation order.
If you’re ready to take the next step, call BB Law Group PLLC today at (832) 534-2589. We’ll connect you with one of our attorneys and set you up with a confidential consultation so that you can determine the best course of action for you and your family.