Legal Question in Family Law in Texas
Can a sheriff enforce child visitation orders legally? Or does the parent need to take the other parent back to court to get a judge to enforce orders?
1 Answer from Attorneys
You can certainly contact your local policing agencies - police, sheriff and/or constable and see if they have the time to go to out with you. You will need a certified copy of the latest court order. It's up to the policing agency on what they will or won't do. Quite frankly, they are overwhelmed with requests to enforce visitation orders. They just don't have the staff to handle all the requests.
Just don't get arrested if you go out. If they can't or won't help you. Get a police report & the officer's name & badge number and leave quietly. Then keep going back to try to visit the child. Do this at least 3 times. You must attempt to visit EVEN if the other parent refuses to let you pick up the child.
If the police won't act, then you need to contact a local attorney to assist you. You can file contempt on the parent for not following the court orders. You will need to show several instances (minimum 3-4) examples of the other parent not following the court's orders. One instance is not enough for the judge to hold the person in contempt of court. You need to show serious and an on-going lack of respect of the court's orders. The good news for you is that your attorney can ask the judge to order the other party to pay all or part of your attorney's fees as a form of punishment. The attorney will also ask for make-up visits.
I also recommend bringing a person along with you that is willing to come to court and serve as a witness. It should be someone that will be a strong witness for you. Ideally not your current spouse. This should be someone with an excellent memory and someone willing to take time off from work to be available to be in court. Also, someone with no criminal record.
You need a really experienced attorney in a contempt action. These cases are very technical. They are difficult to win. You must do them exactly right. The other parent must be served. They are very frustrating and slow.
Good luck!