Courts regularly award possessory rights related to a child through divorce decrees and custody orders. Unfortunately, problems can arise after this order when one of the parties violates the order by denying the other party access to the child when it is his or her period of possession.
In Texas, interference with possession is a legal term that refers to any act or omission by a person that interferes with the rights of a parent or conservator who has court-ordered possession of a child. If someone interferes with your possession periods in Texas, there are several legal remedies available to you.
First, you can file a motion for enforcement with the court that issued the possession order. This motion notifies the court that the other party has violated the possession order and requests that the court take action to enforce the order. The court can then order the other party to comply with the possession order and may also impose sanctions or penalties for the violation.
Second, if the interference with possession is ongoing or severe, you may be able to seek a modification of the possession order. This may involve requesting a change in the possession schedule or requesting that the court restrict the other party's access to the child.
Finally, in some cases, interference with possession may constitute a criminal offense in Texas. If the other party has intentionally and knowingly violated the possession order, they may be subject to criminal prosecution and could face fines or imprisonment.
Please contact Deitchle + Simone if you need more information or an attorney to represent you during an enforcement or modification case.
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