What are my rights if my ex-spouse is not complying withour court ordered custody arrangement?

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What are my rights if my ex-spouse is not complying withour court ordered custody arrangement?

My ex-wife and I were granted joint custody, with me providing child support. I was also granted visitation with contact visit, as well as communication with my child. However my ex is completely disregarding the order. Als, I have have not been informed by her as to whether she and my child have moved or what not. I have the capability of tracking my child’s phone and the location of child’s phone is in a different location than what was given in court.

Asked on September 12, 2010 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally, and depending on your specific jurisdiction, if your child custody or visitation schedule is not being followed, you have several options available to you to remedy the situation. 

  1. You can have an attorney send a letter notifying the other parent that they must obey the court order or face legal penalties (this will show your ex that you are prepared to take legal action if necessary).
  2. You can file a motion for contempt of court (additionally you can ask for attorney's fees and costs as a penalty for violating the order).
  3. You can call the police.  Although you should attempt to resolve the situation first in the 2 ways listed above; or if an emergency arises (your ex attempts to fleee the country, for example).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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