...

Enforcing Custody Orders in Texas: Your Guide to Legal Action

Ever had a weekend that felt more like a game of hide-and-seek than co-parenting? Julie sure did. She was supposed to pick up her daughter at 6 p.m.—per the custody order—but by 7:30, she was still pacing the driveway, texts ignored, no explanation, no child. What started as a shared parenting plan had turned into a one-sided guessing game. That’s when she learned the hard way that enforcing custody orders in Texas isn’t just helpful—it’s absolutely necessary.

If the other parent is ignoring court orders, showing up late (or not at all), or making life unnecessarily chaotic, you’re not powerless. Texas law gives you real legal remedies to protect your parenting time—and your peace of mind.

In this post, you’ll learn how to take action quickly and effectively. We’ll walk you through enforcement strategies that work, share stories from real Texas families, and give you practical tips that can make a difference right now. And as always, the trusted attorneys at The Law Office of Bryan Fagan, PLLC are here to help you protect what matters most—your family’s future. Let’s dive in.

Key Takeaways

  • In Texas, custody orders, referred to as conservatorships, are legally binding documents outlining parental rights and responsibilities, with the child’s best interests as the primary focus.
  • Parents may face serious legal consequences for violations of custody orders, including contempt of court charges, which can result in fines or jail time, emphasizing the importance of compliance.
  • Navigating custody enforcement can be complex; therefore, working with an experienced family law attorney is essential to protect parental rights and ensure the child’s well-being.

Understanding Custody Orders in Texas

In Texas, child custody—legally known as conservatorship—establishes the rights and responsibilities each parent holds after separation or divorce. These arrangements are formalized through court orders that define who makes decisions for the child, where the child primarily lives, and how parenting time is divided. Under Texas Family Code Chapter 153, these orders are not suggestions—they are enforceable mandates designed to support a child’s emotional, physical, and developmental well-being.

Once a custody order is signed by a judge, both parents are legally bound to follow its terms. Violations—such as consistently missing exchanges, denying visitation, or interfering with communication—can trigger legal consequences including contempt of court, monetary penalties, or even jail time. Texas law prioritizes the best interests of the child, as stated in Section 153.002, and gives the court broad authority to determine what’s truly in that child’s best interest. While children aged 12 or older may express their preferences under Section 153.009, the court has final say when disputes arise.

These court orders typically address primary residence, possession and access schedules, decision-making authority, and methods for resolving disagreements. As we’ve seen in our work with Texas families, clear and consistent custody terms help reduce conflict and promote stability—both for parents and, most importantly, for children.

If one parent consistently fails to comply with the order, the other may need to take legal action. In these cases, working with a knowledgeable Texas child custody attorney can be critical. Legal guidance ensures the correct steps are taken to protect your parenting time and hold the other party accountable.

At The Law Office of Bryan Fagan, PLLC, our attorneys frequently advise on the importance of enforcing custody orders in Texas to preserve your relationship with your child and maintain the structure they depend on. For deeper insight into your rights and options, explore our in-depth article on child custody arrangements and how they impact families across the state.

An illustration of a family discussing child custody orders in Texas.

Identifying Violations of Custody Orders

Violations occur when one parent does not comply with court-ordered arrangements. Noncompliance can include refusing visitation, failing to return the child on time, or not adhering to the agreed schedule. Distinguish between minor disruptions, which may not warrant legal action, and repeated, willful noncompliance, which often requires legal intervention.

When a parent refuses visitation without a valid reason, it creates significant emotional and logistical challenges related to visitation issues. Legitimate reasons for denying visitation, such as concerns about the child’s safety, must be documented carefully to avoid being perceived as violations. Texas courts have the authority to enforce possession orders, ensuring adherence to custody arrangements and custody and visitation.

Parents facing denied visitation or other violations can seek legal intervention. Supervised visitation enforcement of the court’s order helps ensure compliance and protects the visitation rights of both parents and children. Knowing what constitutes a violation and taking appropriate action is crucial for maintaining the custody agreement’s integrity and the child’s well-being. This includes understanding the visitation enforcement process.

Steps to Enforce Custody Orders

Dealing with custody violations can feel frustrating and deeply personal, especially when your parenting time is being disrupted. As our attorneys frequently advise, the first step in addressing these violations is often the simplest: attempt a respectful conversation with the other parent. In many cases, open and calm communication can clarify misunderstandings and lead to a resolution without the need for court involvement. However, if those efforts fall flat—or if the violations are repeated or intentional—it may be time to explore formal legal remedies.

Under Texas Family Code §157.001, a parent has the right to file a motion for enforcement when the other party fails to comply with a custody or visitation order. This process typically includes documenting specific violations (such as missed exchanges or denied visitation), presenting that evidence in court, and requesting appropriate relief, such as makeup time or contempt penalties. The court will evaluate whether the order was clear and enforceable, and whether violations occurred without legal justification. This procedure has been further refined in recent updates to the Texas Family Code to better protect the rights of both parents and children.

When informal resolution isn’t enough, enforcing custody orders in Texas may involve not only court filings but also gathering thorough documentation—text messages, parenting logs, emails, or witness statements—to demonstrate a clear pattern of noncompliance. According to our family law team, being organized and specific during this process significantly improves your chances of obtaining meaningful remedies.

For more detailed steps and examples, we encourage you to read our guide on how to enforce child visitation in Texas, which breaks down the process in a practical, approachable way. You can also explore additional support and insights through our resource on legal options when visitation is denied.

At The Law Office of Bryan Fagan, PLLC, we know how critical it is to maintain a stable and consistent parenting schedule—not just for your peace of mind, but for your child’s well-being. Our legal professionals have helped many clients understand their enforcement rights, take action with confidence, and restore the structure their families deserve.

A person filing an enforcement motion in a court.

Filing an Enforcement Motion

To enforce a custody order in Texas, file a motion for enforcement with the court as outlined in the Texas Family Code. This motion must specify the provision being violated, the manner of noncompliance, and the specific relief sought. Serve the other parent with a Show Cause Notice and a Citation, informing them of the enforcement action and requiring them to appear in court.

Accurate and detailed pleadings are crucial for a successful enforcement motion. To ensure effectiveness:

  • Document at least three violations to establish a pattern of noncompliance.
  • If representing yourself, familiarize yourself with the relevant laws.
  • Ensure your pleadings are precise to protect your rights and secure the requested relief.

Gathering Documentation

Documentation is key to supporting your enforcement claim. Maintain a detailed visitation journal recording instances of denied visitation, including dates, times, and reasons. Emails, text messages, and witness statements can also serve as valuable evidence in your visitation enforcement kit.

Comprehensive documentation strengthens your case and helps the court understand the extent of the violations.

The Court Review Process

During the enforcement hearing, the judge will review pleadings, hear testimonies, and examine evidence from both the other party and the movant at the court hearing. The movant will present details of the violations, supported by documentation and witness testimonies. The respondent can offer a defense, present evidence of compliance, or justify any noncompliance.

The judge will assess the evidence and make a decision based on the facts. The court’s order will document the judge’s decision and outline the responsibilities of both parties. This process ensures that the custody order is enforced and that both parents adhere to the terms of the court system, court orders, and court order.

Consequences for Noncompliant Parents

ChatGPT said:

As our attorneys frequently advise, enforcing custody orders in Texas is about more than protecting parental rights—it’s about safeguarding the structure and emotional well-being children depend on. When a parent violates a court-ordered custody agreement, the consequences can be severe. Under Texas Family Code §§ 157.001–157.425, violations may result in civil or criminal contempt. Civil contempt is meant to encourage compliance through remedies like makeup visitation or fines, while criminal contempt carries punitive outcomes such as jail time or further restrictions on access to the child.

Texas courts evaluate the seriousness of the violation by looking at the parent’s behavior, frequency of noncompliance, and the impact on the child. In more serious cases, ongoing disregard for a custody order can lead to wage garnishment, property liens, or even criminal charges. Custodial parents who deliberately interfere with the other parent’s visitation rights put themselves at risk of losing decision-making authority—or in some cases, primary custody altogether.

Our legal professionals have helped many clients understand the importance of taking prompt, informed action when the other parent refuses to follow court orders. If you’re experiencing repeated interference or outright denial of parenting time, our firm offers legal solutions that align with your rights under the law. You can learn more in our article on what to do if your child’s mother is denying you visitation, which provides actionable steps and key legal insights.

At The Law Office of Bryan Fagan, PLLC, we’re committed to helping parents restore consistency and accountability through legal enforcement. If you’re dealing with custody violations, don’t wait. Explore our resources on child custody enforcement and contact our family law team for trusted guidance grounded in the most current Texas Family Code updates.

A visual representation of the consequences for noncompliant parents regarding custody orders.

Working with a Family Law Attorney

According to our family law team, successfully enforcing custody orders in Texas often depends on having skilled legal guidance every step of the way. While the Texas Family Code—particularly Sections 157.001 through 157.426—outlines the enforcement process, navigating it alone can be overwhelming. An experienced attorney not only helps file motions correctly but also ensures that violations are properly documented, your rights are preserved, and your child’s well-being remains the central focus. Enforcement isn’t just about compliance—it’s about creating stability when the other parent isn’t honoring the court’s orders.

Parents dealing with communication restrictions, sudden relocations, or repeated denied visitation often feel stuck. These are not just inconveniences—they are legal violations that can and should be addressed through formal remedies. Our legal professionals have helped many clients understand when withholding visitation is appropriate and when it could backfire legally. For example, while the instinct to protect your child may be valid, Texas Family Code § 153.002 makes clear that decisions must reflect the child’s best interests, not a parent’s personal frustrations. To better understand when it’s legally permissible to deny visitation, we recommend reading our detailed article on when you can deny visitation to the non-custodial parent.

At The Law Office of Bryan Fagan, PLLC, we recognize that not every parent has immediate access to legal resources. That’s why we also help connect qualifying individuals to low-cost or pro bono support options in certain family law matters. Whether you’re protecting your child from harm, trying to recover missed parenting time, or needing urgent legal action, our attorneys are here to provide both clarity and compassion. We’re committed to helping Texas parents find legal solutions that work—for today and for the long term.

For additional insights, explore our child custody enforcement library, where you’ll find more tools, real-life examples, and up-to-date guidance from our team. When your parenting rights are on the line, having the right legal partner can make all the difference.

A visual representation of the consequences for noncompliant parents regarding custody orders.

Addressing Common Questions

As we’ve seen in our work with Texas families, questions surrounding enforcing custody orders in Texas often arise when emotions are high and communication has broken down. Parents want to know what they can legally do when the other parent isn’t cooperating—especially when it involves denied visitation, relocation without notice, or sudden silence that cuts off access to their child. These situations are deeply personal, but they also carry significant legal implications under the Texas Family Code, particularly Sections 153.001, 153.009, and 157.001–157.425.

One of the most common concerns is whether it’s legal to withhold child support in response to being denied court-ordered visitation. According to our family law team, the answer is no. The Texas Family Code treats support and possession as separate legal obligations. Withholding payment can lead to its own set of enforcement actions, including wage garnishment, license suspension, and even contempt of court. The better course of action is to document the denied visitation and seek court enforcement rather than risk violating your own responsibilities.

Another frequent question involves what to do if the other parent relocates without proper notice or begins blocking communication between the child and the noncustodial parent. Both of these actions can constitute a violation of your custody order. Texas law requires that any relocation or restriction impacting the court-ordered possession schedule be addressed through a formal modification or court approval. Our legal professionals have helped many clients understand how to take swift, lawful steps to protect their parenting rights in these scenarios. For deeper insight, explore our resource on Texas custody and support negotiation strategies to learn how proactive planning and legal clarity can prevent enforcement issues before they start.

At The Law Office of Bryan Fagan, PLLC, we believe that informed parents are empowered parents. That’s why we go beyond the courtroom to provide practical guidance and real-world strategies for protecting your parenting time and your child’s emotional health. For additional tools and frequently asked questions, visit our dedicated section on Texas child custody and visitation enforcement—because your questions deserve answers backed by compassion and the full weight of Texas law.

Can I Withhold Child Support in Retaliation?

Withholding child support in retaliation for denied visitation is illegal and not recognized by the court as a valid response. Such actions can worsen legal disputes and result in severe penalties for the parent who fails to fulfill child support obligations.

Compliance with both custody and enforce child support orders is essential for fostering a stable and healthy environment for the child.

What to Do if the Other Parent Relocates or Blocks Communication

If the other parent relocates, modifying custody orders to reflect the new circumstances may be necessary. File a motion with the court outlining the requested changes and reasons supporting the modification. Working with a family law attorney can help navigate this process and ensure your rights are protected.

When a parent blocks communication or access to the child, consider the following steps:

  • Document these incidents carefully.
  • Seek legal action to address the issue and ensure the child’s well-being is prioritized.
  • Consult an experienced family law attorney who can guide you through the modification process and help safeguard your parental rights.

Real-Life Success Stories

The Law Office of Bryan Fagan PLLC has a strong track record of helping clients enforce custody orders in Texas law. Through strategic legal action, the firm has enabled parents to uphold their custody rights and ensure their children’s stability. Client testimonials highlight the firm’s comprehensive, client-focused approach and personalized legal strategies.

Successful case examples showcase significant improvements in clients’ parental rights and children’s well-being. These stories demonstrate the firm’s commitment to achieving the best outcomes for families facing child custody cases enforcement challenges.

The positive impact of these enforcement actions illustrates the importance of experienced legal representation.

Importance of Enforcement for Children’s Well-Being

As our attorneys frequently advise, enforcing custody orders in Texas is not simply a matter of asserting your rights—it’s a vital step toward protecting your child’s emotional health and long-term stability. When custody agreements are ignored or inconsistently followed, it’s often the child who suffers the most. Missed exchanges, last-minute cancellations, and ongoing conflict between parents can lead to confusion, insecurity, and emotional distress for a child who relies on routine and connection with both parents. The Texas Family Code, particularly Section 153.001, reinforces that maintaining meaningful contact with both parents is presumed to be in the child’s best interest.

Proper enforcement ensures that court-ordered parenting time is honored, which, in turn, helps children feel safe, valued, and emotionally supported. A stable routine—backed by a legally enforceable schedule—fosters a nurturing environment where children can thrive, even during difficult transitions. Texas Family Code § 157.001 gives parents the authority to hold the other party accountable when violations occur, helping to preserve the integrity of the custody order and the well-being of the child.

As we’ve seen in our work with Texas families, the consistency gained through enforcement doesn’t just restore order—it promotes healthier co-parenting relationships and reduces long-term conflict. Our legal professionals have helped many clients understand that enforcement isn’t about punishment; it’s about ensuring your child’s access to both parents remains uninterrupted and supported by the law. For parents seeking guidance on selecting legal counsel to navigate these sensitive issues, we recommend reviewing our article on experienced custody attorneys in Texas for insight into what makes strong legal advocacy in these matters.

At The Law Office of Bryan Fagan, PLLC, our mission is to educate families and protect futures. That means helping you understand your rights and how to use them in a way that promotes peace, protects your child’s best interests, and secures a reliable future for your family. For more support, visit our resource on child custody and conservatorship, where you’ll find practical tools and compassionate guidance tailored to Texas parents.

Children playing happily, representing the importance of enforcement for their well-being.

Conclusion:

Parenting after a divorce or custody battle isn’t always smooth sailing—and when the other parent doesn’t follow the rules, it can feel like you’re constantly putting out fires. But the good news? You don’t have to do it alone, and you don’t have to let someone else’s disregard for the court disrupt your peace or your child’s stability.

If enforcing your custody order feels overwhelming, know that you have real, powerful options in Texas—and a legal team that’s ready to help. At The Law Office of Bryan Fagan, PLLC, we’ve helped countless parents just like you reclaim their time, protect their rights, and create the kind of consistency kids thrive on. Whether it’s taking legal action, modifying the order, or simply getting clear on what steps come next, our team is here to guide you with compassion, confidence, and clarity.

So if you’re standing in the driveway waiting—or just tired of guessing what the next weekend will look like—maybe it’s time to call in reinforcements. Let’s get things back on track so your family can focus less on conflict and more on what really matters.

And hey—wouldn’t it be nice to spend your weekends actually being a parent, instead of playing detective? We think so too. Let’s talk.

Texas Custody Enforcement FAQ

How to enforce a custody order in Texas?

To enforce a custody order in Texas, you must file a motion to enforce with the court that issued the original order. The motion should detail how the order was violated and request specific relief. You may need to present documentation of the violations and attend a court hearing. The court can impose remedies including makeup visitation, fines, or even contempt charges.

Can police enforce a child custody order in Texas?

Yes, in some situations. Police can enforce a child custody order if the terms are clear and specific—such as a pickup time and location. However, law enforcement officers often prefer not to intervene unless the order explicitly authorizes it or the court has issued a directive.

What is the biggest mistake in a custody battle?

One of the biggest mistakes is ignoring court orders or behaving in a way that reflects poorly on your ability to co-parent. Alienating the child from the other parent, failing to communicate respectfully, or not keeping thorough records can significantly hurt your case.

Can local police enforce a custody order?

Local police can sometimes enforce a custody order, but their authority depends on the wording of the order and the nature of the dispute. If the order lacks specific enforcement language, officers may suggest you go back to court rather than intervene directly.

What happens if one parent does not follow a court order in Texas?

If one parent violates a court order in Texas, the other parent can file an enforcement motion. The court may order the violating parent to make up missed visitation, pay fines, or face contempt charges, which could include jail time. Repeat violations may also justify modifying the custody arrangement.

Who has automatic custody of a child in Texas?

In Texas, if the parents are married, they typically share joint managing conservatorship by default. If unmarried, the mother has automatic custody until the father legally establishes paternity and seeks custody or visitation rights through the court.

When can you deny visitation to the non-custodial parent in Texas?

You can only deny visitation if you have a court order allowing it, or if the child is at immediate risk of harm. Otherwise, denying court-ordered visitation can result in legal penalties. If you believe the child’s safety is at stake, contact your attorney or request an emergency hearing.

Can CPS take your child without a court order in Texas?

Yes, Child Protective Services (CPS) can remove a child without a court order in emergency situations where there is immediate danger to the child’s safety or welfare. However, they must quickly obtain court approval after the removal to keep the child in temporary custody.

Share this article

Contact Law Office of Bryan Fagan, PLLC Today!

At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

Plan Your Visit

Office Hours

Mon-Fri: 8 AM – 6 PM Saturday: By Appointment Only

Scroll to Top

Don’t miss the chance to get your FREE Texas Divorce Handbook

Don't miss out on valuable information - download our comprehensive Texas Divorce Handbook today for expert guidance through the divorce process in the Lone Star State. Take the first step towards a smoother divorce journey by downloading our Texas Divorce Handbook now.

Fill the form below to get your free copy