Waco, TX asked in Family Law and Arbitration / Mediation Law for Texas

Q: How do my wife and I as managing conservators act on a final order and enforce an agreed upon action?

My wife and I are joint managing conservators of our nephew. My brother is the non custodial parent with possessory conservatorship. We make all the decisions and care for him and my brother gets visitation and gets to be informed of what is going on with his son. We are in this situation because my brother had an issue with drugs and alcohol when nephew was born and we have had my nephew since 2 months old. My brother agreed in mediation before final order to take a drug test at any time we requested. The order also states if we think he is intoxicated or on drugs we can refuse his visitation. We have strong suspicions that he is using drugs again and we do not want him around our nephew/his son if he is. However, we don’t know how to address the situation or how to enforce the order to make him take a drug test? What is the process to enforce the order? and also he may look sober coming for a visit but we still believe he could be on drugs so do we have the right to say no to his vst

1 Lawyer Answer
Emily Daniell
Emily Daniell
  • Estate Planning Lawyer
  • Highland Village, TX
  • Licensed in Texas

A: The answer to your question will be heavily dependent upon the language in the order. Some orders will spell out what happens if a drug test is refused (it’s often treated as a positive), and will clarify possession terms based upon testing. I would encourage you to read the order carefully and consult with an attorney to review the specific language. If a court has ordered something to occur (payment of child support, drug testing, etc.) and the other party doesn’t follow the order, an enforcement action may also be appropriate, depending upon the language in the order.

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