If there is an agreement on paper about a child custody and the other party is not sticking with it, how do I handle the situation in my daughter’s best interest?

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If there is an agreement on paper about a child custody and the other party is not sticking with it, how do I handle the situation in my daughter’s best interest?

The other party is lying and harrassing me.

Asked on September 28, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You state that there is an agreement "on paper."  If "on paper" means that it has been reduced to a court order approving the agreement, then you can file a motion to enforce that order.  If you have an agreement, but it has not been reduced to an agreed order approved by the court, then you need to get an order in place.  An order or agree order gives you something to enforce, which is where all of your remedies are going to come from.  Your remedies could include a civil contempt action, a motion to enforce, and a criminal intereference with child custody charge.

You also mention that he is lying and harrassing you.  If this affecting your or the child, you can ask the judge to include "restraining order" language in the order which prohibits him from engaging in harrassing conduct. 


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