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PlotinusLaw
PlotinusLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 730
Experience:  14 years of practice in all aspects of family law.
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I need to see a proper Motion for Contempt for the State of

Resolved Question:

I need to see a proper Motion for Contempt for the State of Texas in District Court. Can anyone direct me to an example online, or a place to get one?
Submitted: 4 years ago.
Category: Family Law
Expert:  PlotinusLaw replied 4 years ago.
Is this a motion to enforce a custody or support order?
Customer: replied 4 years ago.
It is a motion to enforce visitation
Expert:  PlotinusLaw replied 4 years ago.
Okay, thank you. I am researching the issue now. It will be a few minutes.
Customer: replied 4 years ago.
Thank you
Expert:  PlotinusLaw replied 4 years ago.
Okay pursuant to the Texas Family Code section 157.001 Motion for Enforcement, a party may bring a motion for enforcement with regards XXXXX XXXXX final order for any conservatorship, child support, possession of or access to a child, (that would be your visitation issue) or other provisions of a final order. According to Texas Family Code section 157.002 the following must be included within the motion: you need to identify the provision of the order that is allegedly violated, that is, be specific with regards XXXXX XXXXX provisions of the visitation order were not complied with. Tell the court which date and time you were denied visitation and the efforts that you went to in order to exercise visitation. Be very specific with regard to the custodial parent's noncompliance. Be sure to ask the court what you are seeking in terms of relief. Do you want makeup parenting time? Do you want the custodial parent to be held in contempt? Do you want the custodial parent to pay for your attorney fees?

According to the statute, the person filing a motion is not required to plead that the underlying order is enforcible by content, that is, you are free to seek other enforcement remedies other than contempt. In addition, if this has been a pattern, that is if you have been denied visitation several times in the past, you may go ahead and include those in your allegations. I have included the web addresses of the referred to statutes below. As this is a textbased answer, you will not be able to click on them. What you need to do is copy and paste them into the web address text box in your browser and you will be redirected to the exact statutes that will tell you what you need to put into motion. I could not locate a form for you so I will include a sample of the format use when I file enforcement motions. Again, because of the text based answer, I cannot include formatting.



In the State of Texas
In the circuit court for the County of (insert the name of the county here)
Family Division
(the above caption should be centered on your page)



Plaintiff



Defendant

Case number

Judge's name



Plaintiff's name address and phone number or attorney for plaintiff



Defendant's name address and phone number or attorney for defendant



Motion title (motion to enforce visitation order)



Now comes, either plaintiff or defendant, who states in support of their motion to enforce visitation order as follows:

1. That a visitation order was entered by this Court on (insert the date here). (Exhibit A.) it's a good idea to include a copy of the order here for the judges review.

2. That pursuant to the visitation order, visitation is to occur on the following dates and times or days and times.... (Go ahead and include the word for word visitation schedule from the order here.)

3. That either plaintiff or defendant, has failed to abide by the visitation order in that..-(include the dates and times where visitation was denied and the efforts that you made to exercise visitation.)

After your allegations are complete, what comes next is the prayer for relief.

Prayer for relief: wherefore, plaintiff or defendant respectfully XXXXX XXXXX this Honorable Court grant following relief:

A. That the plaintiff or defendant be granted make up parenting time;

B. That the plaintiff or defendant be held in contempt for violation of the visitation order;

C. That the plaintiff or defendant be forced to pay the plaintiff or defendant reasonable attorney fees and costs for making it necessary to bring the current motion;

D. Any other relief the Court deems to be equitable and in good conscience.

I hope you find this information helpful. As always, if you require additional information please don't hesitate to ask a follow-up question, although I will be offline for the next hour. Please remember to click on the "accept" button so that I may receive credit for the answer and any feedback you might have. I wish you the best in enforcing your visitation rights. Good luck!



issues that can be enforced;
(http://codes.lp.findlaw.com/txstatutes/FA/5/B/157/A/157.001)

contents of the motion;(http://codes.lp.findlaw.com/txstatutes/FA/5/B/157/A/157.002)
PlotinusLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 730
Experience: 14 years of practice in all aspects of family law.
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