When a parent violates a custody or visitation order in Texas, you have legal options to enforce it through the court system. Custody orders are legally binding under Texas Family Code Chapter 157, and the courts take violations seriously. This guide walks you through how to enforce custody order Texas and the remedies available to protect your parenting time.
About Adams Law Firm Attorneys & Counselors, PLLC
Adams Law Firm Attorneys & Counselors, PLLC has handled custody enforcement cases throughout Houston and surrounding areas since 1977. Our attorneys understand Texas family law and the local court procedures that govern custody disputes. We work with parents who need to enforce their court-ordered visitation and custody rights. Our team knows how to build strong cases with proper documentation and strategic legal action. When your parenting time is at stake, you need a firm that understands the Texas courts and fights for your rights.
Understanding Custody Order Violations in Texas
A custody order violation occurs when the other parent fails to follow the court’s instructions regarding possession and access to your child. This might mean denying you scheduled visitation time, failing to return your child on time, or interfering with your court-ordered parenting time in other ways.
Texas distinguishes between custody orders and child support orders, though both are enforceable. Custody orders—also called possession orders—govern when each parent spends time with the child. Texas Family Code Chapter 157 provides the legal framework for enforcing these orders when violations happen. Common violations include refusing to allow scheduled visitation, keeping the child past the agreed return time, or preventing communication between parent and child.
Documenting Violations: Building Your Evidence
Before you file a motion to enforce, you need solid evidence. Crucially, you must prove that you attempted to exercise your visitation.
Even if the other parent texts you saying ‘Don’t come, I’m not giving you the kids,’ you should generally go to the pickup location anyway. Buy a coffee or a pack of gum at a nearby store to get a receipt with a time stamp, or take a geotagged photo. This proves to the court that you were there, ready and able to pick up your child, and the other parent failed to appear.
Filing a Motion to Enforce
To enforce a custody order in Texas, you file a Motion to Enforce with the district or county court that issued the original order. This motion tells the court that the other parent violated the order and asks the judge to take action. Under Texas Family Code § 157.001, courts have the authority to enforce possession and access orders.
Your motion must be specific about which parts of the order were violated and when. Include your documentation and evidence. You’ll need to file the motion in the correct court, pay the filing fee, and serve the other parent with a copy. After filing, the court schedules a hearing where both parents present their cases. The judge then decides whether a violation occurred and what remedy to impose. Understanding the child custody process can help you prepare for this hearing.
Contempt Actions: Civil vs. Criminal
Texas courts can pursue two types of contempt for custody order violations: civil contempt and criminal contempt. Both are handled within the family court system.
- Civil Contempt is ‘coercive,’ meaning it is designed to force compliance. The judge holds the keys to the jail—for example, ordering the parent to jail until they return the child.
- Criminal Contempt is ‘punitive,’ meaning it is a punishment for past bad acts. The judge can sentence the violating parent to specific jail time (e.g., 30 days) and fines for violations that already occurred.
Unlike general criminal cases, your family law attorney prosecutes these contempt charges in the family court. (Note: In extreme cases, you can also report the violation to the police as ‘Interference with Child Custody,’ a separate criminal offense handled by the District Attorney.)
Police Involvement and Its Limitations
Many parents ask whether police can enforce custody orders. The answer is no—police do not have the authority to enforce custody orders except in emergency situations where a child’s safety is at immediate risk. If the other parent simply refuses to return your child or denies visitation, calling police typically won’t help you enforce the order.
Instead, you must use the civil court system. If the other parent refuses to comply with pickup or dropoff, document it and file your motion to enforce. In true emergencies—such as when you believe your child is in danger—you can contact police, but they will not enforce the custody schedule itself. For questions about your specific situation, our Houston family law attorneys can provide guidance.
Penalties and Possible Outcomes
When a court finds that the other parent violated your custody order, it has several remedies available. The court can award you makeup parenting time to compensate for missed visitation. It can order the violating parent to pay your attorney fees and court costs. Fines are common, ranging from hundreds to thousands of dollars depending on the violation’s severity.
In criminal contempt cases, the court can impose jail time. The court might also modify the custody order if violations show that the current arrangement isn’t working. Some courts require the violating parent to post a bond to ensure future compliance. The specific penalty depends on the facts of your case and the judge’s discretion. If you need to change your custody arrangement, learn more about the modification process.
Frequently Asked Questions
What counts as a denial of visitation?
A denial of visitation occurs when the custodial parent prevents you from exercising your court-ordered possession time. This includes refusing to allow you to pick up the child, failing to have the child ready, keeping the child past the return time, or preventing communication. You must physically appear at the scheduled pickup location to establish that a denial occurred. For more details, see our visitation FAQ.
How do I prove I was denied visitation?
Your visitation journal is your strongest evidence. Document each denial with the date, time, what happened, and any witnesses. Text messages, emails, or other communications from the other parent refusing visitation also help. Witness testimony from someone present at the pickup location strengthens your case significantly. Understanding visitation rights can help you document violations properly.
Can police enforce my custody order?
No, police cannot enforce custody orders except in emergency situations involving child safety. You must use the civil court system by filing a motion to enforce. Police can intervene if you believe your child is in immediate danger, but they will not enforce the regular custody schedule.
What happens if the other parent continues to violate the order?
If violations continue after the court’s first enforcement order, you can file another motion to enforce or ask the court to modify the custody order. Repeated violations demonstrate that the current arrangement isn’t working and may justify a change in custody or possession rights. Learn more about custody modifications in Texas.
How long does enforcement take in Texas courts?
The timeline varies by court and case complexity. After filing your motion, the court typically schedules a hearing within 30 to 60 days. The hearing itself may take 30 minutes to several hours depending on how contested the case is. Some cases resolve quickly, while others take several months.
Can I get attorney fees if I win enforcement?
Yes, Texas Family Code allows courts to order the violating parent to pay your attorney fees and court costs if you prevail in an enforcement action. This helps ensure that parents who follow court orders aren’t financially punished for having to enforce them.
Enforce Your Custody Order With Legal Help
Your parenting time matters, and violations of your custody order deserve a legal response. Adams Law Firm Attorneys & Counselors, PLLC helps Houston parents enforce their custody and visitation rights through the Texas court system. If the other parent is denying you visitation or violating your court order, contact us today for a free consultation. Call (281) 391-9237 to discuss your situation with our attorneys. Learn how our firm can help you protect your relationship with your child.
