Recent Answers to Child Custody Law Questions
Can a custodial agreement be modified if the non-custodial parent is consistently violating the terms?
Child Custody
Custodial Agreement
Texas
I am the custodial parent of my child, and the non-custodial parent has been consistently violating the terms of our custodial agreement by failing to show up for scheduled visitations, not providing financial support, and disregarding important decisions regarding our child's education and healthcare. I want to know if it is possible to modify the custodial agreement to ensure that the non-custodial parent is held accountable for their actions and to protect the best interests of our child.
Sarah T.
If the agreement is an out of court agreement, a petition can be filed to obtain a custody order. Once an order is obtained, if a party violates the order, an enforcement action can be filed against them. If the agreement is a court order, it should contain language that would allow for enforcement. Typically, there must be a change in circumstances to request a court order be modified.