Unfortunately, we talk to too many parents after they have been excluded or flat out denied periods of possession awarded to them in a decree or order. It is an awful truth,but. There are many times parents deny periods of possession to punish the other parent for real or imagined problems. But, there is answer. §157 of the Texas Family Code allows for the enforcement your access during your periods of possession.  

    The Family Code requires a concise explanation of what you seek to enforce in plan language . That includes:

1. The exact provision of the order violated that you seek to enforce;

2. how Responded violated that provision;

3. The relief you seek; and

4. the signature of either your attorney or you

    Further, for periods o possession, you must provide the date, place, and the time the other parent violated the possession order. 

    So you filed your Motion to Enforce Access and Possession with all the required elements and served opposing party with the Motion. At the first hearing, the Court may appoint an attorney to represent the other parent in the motion. A judge will appoint an attorney if in addition to getting our time back, you seek jail time for the other parent. 

    But, once you have had your hearing, what are the judge's options? If you or your attorney proved up your case, the judge can award you additional time with your child, attorney's fees, the cost of court and maybe commit the other parent to jail. A judge may order any combination of those remedies. How to collect your attorney's fees and cost of court are for another post, but a judge will order specific dates and times for your additional periods of possession. 

    Like every family, every enforcement action is unique. You need an attorney with the experience and knowledge to guide you through an enforcement action. Cotten Schmidt can do that. Please call 817-338-4500 for your family law consultation.