Blank Texas Visitation Enforcement PDF Form Get Texas Visitation Enforcement Here

Blank Texas Visitation Enforcement PDF Form

The Texas Visitation Enforcement form is a legal document designed to help parents enforce court-ordered visitation rights with their children. When one parent does not comply with the visitation schedule set by the court, this form provides the necessary steps and resources to seek enforcement. Utilizing this form can ensure that both parents adhere to the terms of the court order, promoting the best interests of the child.

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The Texas Visitation Enforcement form is an essential resource for parents who have court-ordered visitation rights but are facing challenges in exercising those rights. When one parent fails to comply with the court order, it can lead to frustration and emotional distress for both the custodial parent and the children involved. This kit provides a structured approach to enforce visitation orders effectively. It includes a variety of documents designed to guide parents through the enforcement process. For instance, a sample demand letter serves as a reminder to the other parent about the legal consequences of violating the court order. Additionally, the kit outlines what constitutes a denial of visitation and offers a visitation journal to document any denied attempts. The enforcement process is broken down into seven clear steps, starting from doing your homework and filing a motion to appearing in court. Each step is accompanied by detailed instructions, ensuring that parents know exactly what to do at each stage. The kit also includes forms that can be filed with the court, such as the motion for enforcement and orders that a judge may sign. By following these guidelines, parents can take the necessary actions to uphold their visitation rights and ensure that their relationship with their children remains intact.

Texas Visitation Enforcement Preview

© TexasLawHelp.org/POLL Enforcement of Visitation Kit, October 2017
Visitation Enforcement Kit
If you have a Texas court order that allows you to spend time with your children but the other parent won’t
follow the order, this kit can help you enforce that order. If you don’t have a court order that gives you
parenting time with your child, or if you’d like more general information about your visitation, read the
Visitation Handout to learn more.
This Kit includes the following documents:
1. Sample Demand Letter for Visitation (2 pages)
Reminds the other parent about the legal consequences of violating the court order
2. What Counts as a Denial of Visitation? (1 page)
Tells you what to do to document your denied visit
3. Visitation Journal (3 pages)
A place for you to record your visitation attempts, to prepare your case for court
4. Court at a Glance (1 page)
Describes the seven steps to enforcing your order
5. Step 1: Do Your Homework (1 page)
Outlines the first step involved in filing your case
6. Step 2: File Your Motion, Set Your Hearing (1 page)
Explains the second step in your case
7. Motion for Enforcement of Visitation Order (7 pages)
The document that’s filed to start your legal action
8. Step 3: Ask the Judge to Sign the Order to Appear (1 page)
Explains the third step in your case
9. Order to Appear and Show Cause (1 page)
Order signed by a judge that orders the other party to come to court for your hearing
10. Step 4: Give Legal Notice (1 page)
Explains the fourth step in your case
11. Step 5: Prepare for Hearing (1 page)
Explains the fifth step in your case
12. Sample Testimony (8 pages)
Can be used as a sample to help you prepare your testimony
13. Step 6: Hearing (1 page)
Describes the sixth step in your case
14. Step 7: Decision (1 page)
Describes the seventh step in your case
15. Order for Capias and Setting Bond (3 pages)
Order, signed by a judge, requesting the arrest of Respondent, if Respondent was served with
legal notice of the hearing, but failed to appear
16. Capias (3 pages)
Issued by the District Clerk, if the judge signed the Order for Capias
17. Order on Motion for Enforcement of Visitation Order (8 pages)
Signed by the judge, after your hearing
© TexasLawHelp.org/POLL Enforcement of Visitation Kit, October 2017
________________________
[Date]
___________________________________
[Custodial Parent]
___________________________________
[Custodial Parent Address]
___________________________________
[Custodial Parent Address]
Re: Notice to Exercise Court-Ordered Possession and Access (Visitation)
Dear _____________________________,
[Custodial Parent]
I plan to see our child(ren) according to the court-ordered possession and access
(visitation) schedule, as written in the most recent court order which was signed by the
judge in our case in Cause No. ___________________________ .
[Cause Number]
I will be at [choose one]
□ Your residence at ____________ ___.m.
[Time, including a.m. or p.m.]
□ The school where our child(ren) is/are enrolled, when school is
dismissed. [Choose this option only if it is already ordered by the Court]
□ Other: ________________________________________________________
______________________________________________________________
[Time and place where your visitation is ordered to take place]
I will be at this location on _______________________________________ to
[Date designated in the court order for you to take possession]
exercise my rights to see our child(ren).
You should have our child(ren) ready for my visitation as provided for in the court order.
I will return our child(ren) to you as required by the court order.
I intend to continue exercising my possession and access (visitation) rights according to
the court ordered schedule from now on.
© TexasLawHelp.org/POLL Enforcement of Visitation Kit, October 2017
Interfering with my court-ordered access and visitation rights could result in a contempt
action being filed against you. Failure to pay child support is not a justification or
defense to a charge of contempt for interference with court-ordered visitation rights. If a
court finds you in contempt for denying my court-ordered access to our child(ren) the
court may sentence you to jail time, and order you to pay a fine, attorney’s fees and
court costs. It would be best for everyone, especially our child(ren), to avoid such
litigation.
Sincerely,
___________________________________
[Your name]
___________________________________
[Your Address]
___________________________________
[Your Address]
___________________________________
[Your phone number]
© TexasLawHelp.org/POLL Enforcement of Visitation Kit, October 2017
WHAT COUNTS AS A DENIAL OF VISITATION?
If you want to enforce your visitation order and ask the court to hold the other parent in
contempt, there are very specific rules you must follow when you try to exercise your visitation.
You are not technically denied visitation unless you actually appear in person at the pick-up
location listed in your court order, even if the other parent has already told you that he/she will
not be there or that he/she will not be giving you your child.
By not producing the child at the pick-up location at a certain date and time, the other parent is
violating the court order. However, that parent cannot be required to testify against
himself/herself in court, so you have to be able to testify that you were there and he/she
was not.
Step 1: Look at your court order or a calendar prepared for you
by your attorney. Find the next exact date and time that you are
supposed to pick up your child.
Step 2: Arrive at the pick-up location at the exact date and
time you are supposed to be there. Give yourself plenty
of time to get there. If you are early, wait a few minutes.
Step 3: Knock on the door. Wait. Knock on the door again.
You must give some indication that you are there and are ready to
pick up your child.
Step 4: Try to obtain evidence that you were at the right location
at the right date and time. You can take a witness with you to
observe what happened. You can go to a nearby convenience
store or fast food restaurant and buy a drink or a pack of gum,
and keep the receipt showing you were in the area at a certain
date and time. Some police departments may be willing to file
a report for you.
Step 5: Immediately write down what happened in your
visitation journal. Write down the date, time, and place
where you tried to pick up your child. If you have a
witness, write down his/her name. If you have a receipt or
other evidence, keep it safe.
APRIL
11
th
6 pm –
pick up
son at
his
mother’s
house
© TexasLawHelp.org/POLL Enforcement of Visitation Kit, October 2017
EXHIBIT B: VISITATION JOURNAL
My name is: _____________________________________________________.
I am the child’s [check one]
father.
mother.
other: _____________________________________________________
[please print your relationship to the child]
My child’s name is/ My children’s names are:
Child’s Name
Child’s Birthday
[month, day, and year]
The child/ren live(s) with: [print name of person child/ren live with]
_____________________________________________________________________.
I have court orders allowing me to see my child/ren on specific days and at specific
times. My court order states a specific location for me to pick up my children. [If you do not
have a court order, or your order does not include specific days and times for your visitation, or if your order does not include a
specific location for you to exchange your child/ren with the other parent, you will need to go back to court to get an order that
includes these things, before a court can enforce your order.]
I have tried to see my children, according to my court order, but the child’s other parent
did not allow me to see the child/ren.
This journal records the times I tried to see my child/ren, according to the court ordered
schedule. I tried to see my child/ren on the following dates, but was not allowed to.
[Complete the charts with information about when you tried to see your child/ren, according to your court schedule, but were not
allowed to. You can copy and add additional charts, if you need to.]
© TexasLawHelp.org/POLL Enforcement of Visitation Kit, October 2017
Date
[month, day, year]
________
Day
[check one]
Monday Tuesday Wednesday Thursday
Friday Saturday Sunday
Time
____________ am pm
Place
[ex. Mother’s
residence, McDonald’s,
etc.]
Address
[street address, city,
state, zip code]
Witnesses
[List names of people
who were there when
you tried to see your
child/ren.]
What happened?
[no one home, wouldn’t
let me see child/ren,
etc]
Date
[month, day, year]
________
Day
[check one]
Monday Tuesday Wednesday Thursday
Friday Saturday Sunday
Time
____________ am pm
Place
[ex. Mother’s
residence, McDonald’s,
etc.]
Address
[street address, city,
state, zip code]
Witnesses
[List names of people
who were there when
you tried to see your
child/ren.]
What happened?
[no one home, wouldn’t
let me see child/ren,
etc]
© TexasLawHelp.org/POLL Enforcement of Visitation Kit, October 2017
Date
[month, day, year]
________
Day
[check one]
Monday Tuesday Wednesday Thursday
Friday Saturday Sunday
Time
____________ am pm
Place
[ex. Mother’s
residence, McDonald’s,
etc.]
Address
[street address, city,
state, zip code]
Witnesses
[List names of people
who were there when
you tried to see your
child/ren.]
What happened?
[no one home, wouldn’t
let me see child/ren,
etc]
Date
[month, day, year]
________
Day
[check one]
Monday Tuesday Wednesday Thursday
Friday Saturday Sunday
Time
____________ am pm
Place
[ex. Mother’s
residence, McDonald’s,
etc.]
Address
[street address, city,
state, zip code]
Witnesses
[List names of people
who were there when
you tried to see your
child/ren.]
What happened?
[no one home, wouldn’t
let me see child/ren,
etc]
© TexasLawHelp.org/POLL Enforcement of Visitation Kit, October 2017
Court at a Glance
Enforcement of Visitation Kit
There are basically 7 steps in enforcement cases.
Step 1: Do Your Homework
Step 2: File Your Motion and Set Your Hearing
Step 3: Ask the Judge to Sign the Order to
Appear
Step 4: Give Legal Notice
Tell the other party what you want. (Process server
or Constable does this for you.)
Step 5: Prepare for Hearing
More homework.
Step 6: Hearing
Ask the judge for what
you want and explain why you should get it.
Step 6: Decision
The judge decides whether or not you should get what you asked for.
You give the judge an Order to sign. The order needs to say
exactly what the judge decided.
© TexasLawHelp.org/POLL Enforcement of Visitation Kit, October 2017
Step 1: Do Your Homework
For Step One, you’ll need the following:
Civil Case Information Sheet
Motion for Enforcement of Visitation Order
1. Civil Case Information Sheet
Complete it.
Make a copy for your records. (The District Clerk will keep the original.)
2. Motion for Enforcement of Possession or Access (with Exhibits)
Read through the Motion for Enforcement of Visitation Order and Order to
Appear very carefully. Fill in your case information in the blank spaces. Check
only those boxes that apply in your case. If you’re not sure what to put in the
blanks, talk to a lawyer.
Sign the last page of the Motion for Enforcement of Visitation Order in front of a
notary.
Make a copy for yourself and for every party in your case (The District Clerk will
keep the original.)
3. Filing Fee
Be prepared to pay a filing fee to the clerk when you file your papers.
Call the District Clerk to find out how much you’ll have to pay.
If you can’t afford to pay you can file a Statement of Inability to Afford Payment
of Court Costs or an Appeal Bond, which asks the court to waive the filing fees.
You can get this form from this website’s (www.Texaslawhelp.org) alphabetical
list of forms.
4. Learn how to set the hearing, and have the judge sign your Order to Appear
Call the judge’s court coordinator.
Explain that you’re filing a Motion to Enforce and that you need to know:
a. What the procedure is to get the judge to sign the Order to Appear, and
b. What the procedure is to set the motion for a hearing.
Write the instructions down here: ______________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
© TexasLawHelp.org/POLL Enforcement of Visitation Kit, October 2017
STEPS 2 - 4 will be completed the same
day and at the courthouse
Step 2: File Your Motion and Set Your
Hearing
For Step Two, you’ll need the following:
Civil Case Information Sheet (get this from the District Clerk’s Office)
Motion for Enforcement of Visitation Order
A check or money order for your filing fee (or the Statement of Inability to Afford
Payment of Court Costs or an Appeal Bond)
1. File your papers with the District Clerk’s Office in the county where you got
the order that you’re trying to enforce.
Take your documents (and your copies) to the District Clerk’s Office.
Tell the clerk you’re there to file a Motion to Enforce and hand the clerk all of your
documents. (Place the original on top, and the copies of each document behind
the original.)
The clerk will “file stamp” your papers, noting the date when you filed your
Motion.
The clerk will give you your copies but will keep the original for the court’s file.
Make sure to keep a copy of everything for yourself.
2. Set the Hearing
Follow the Court Coordinator’s instructions to set a hearing to have your motion
heard. (You should have written them in Step One: Do your Homework.)
Be sure to set your case at least 20 days from the date you file your motion. This
will give you enough time to give the other parties legal notice. The parties must
have at least 10 days’ notice for a contempt hearing.
⇓ Texas Visitation Enforcement PDF

Document Specs

Fact Name Description
Purpose The Texas Visitation Enforcement Kit helps custodial parents enforce court-ordered visitation rights when the other parent fails to comply.
Sample Demand Letter This one-page document reminds the other parent of the legal consequences for violating the visitation order.
Denial of Visitation Denial occurs only when the custodial parent appears at the designated location and the other parent fails to produce the child.
Visitation Journal This three-page journal is essential for documenting denied visitation attempts, which can strengthen a case in court.
Seven Steps The kit outlines seven steps to enforce visitation, guiding parents through the legal process.
Motion for Enforcement A nine-page document that initiates legal action to enforce the visitation order.
Order to Appear This order, signed by a judge, requires the other parent to attend court for a hearing regarding visitation enforcement.
Legal Notice Parents must give legal notice to the other party regarding the hearing, as outlined in the kit.
Governing Law The Texas Family Code governs visitation enforcement, ensuring that parents can legally uphold their visitation rights.
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