Legal Question in Family Law in Texas

can a parent be forced ,under threat of imprisonment, to physically force their child to visit the other parent if the judge orders it?

Asked on 2/10/11, 12:32 pm

1 Answer from Attorneys

Thomas Daley Power Daley PLLC

If the court has ordered the primary conservator to allow the other parent to have possession of the child according to a set schedule, the primary conservator can be held in contempt of court for failing to do so. "Confinement" as we call it in family law is a possible penalty for contempt of court. So, yes.

HOWEVER, if the child is old enough to voice a preference, rather than force the child to visit, the primary conservator should file a motion to modify and a motion to interview the child in chambers and try to get a provision that allows the child to visit when it's agreeable to both the child and the other parent, subject to a minimum mandatory amount of time each month. (Case law requires a minimum mandatory amount for the order to be enforceable.)

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Answered on 2/10/11, 5:31 pm

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