Attorney
If a parent violates a Texas custody order, the other parent can ask the court to enforce it. Depending on the situation, the violating parent may face fines, make-up parenting time, or even jail time. Courts take these orders seriously because they are designed to protect the child’s stability and both parents’ rights.
Understanding what counts as a violation and how courts respond can help you decide what steps to take next.
What Counts as a Custody Order Violation in Texas?
A custody order, often called a possession and access order in Texas, sets clear rules for parenting time and responsibilities. When one parent does not follow those terms, it may be considered a violation.
Common examples include:
- Failing to return the child on time after visitation
- Refusing to allow scheduled parenting time
- Interfering with communication between the child and the other parent
- Taking the child without permission or outside approved geographic limits
- Repeatedly canceling visits without a valid reason
Even small violations can add up. Courts often look at patterns of behavior, not just isolated incidents.
What Can You Do If the Other Parent Violates the Order?
If you believe the other parent is not following the custody order, you have legal options. In Texas, enforcement typically starts with filing a motion to enforce.
When we help clients with enforcement, we often recommend:
- Keeping detailed records of missed visits or violations
- Saving messages, emails, or other communication
- Following the order yourself, even if the other parent is not
A motion to enforce asks the court to review the violations and decide whether action is necessary. The court may schedule a hearing where both sides present evidence.
What Penalties Can a Judge Impose?
Texas courts have several ways to address custody order violations. The goal is to enforce compliance and protect the child’s routine.
Depending on the facts, a judge may order:
- Make-up parenting time for missed visits
- Fines or payment of the other parent’s attorney’s fees
- Community supervision (probation)
- Jail time in more serious or repeated cases
In many situations, the court will start with corrective measures. If violations continue, the consequences can become more severe.
Can a Custody Violation Lead to a Change in Custody?
Yes, in some cases, repeated or serious violations can lead to a modification of the custody order.
Courts focus on the child’s best interests. If one parent consistently refuses to follow the order, the judge may decide that a different arrangement is more appropriate.
This does not happen automatically. The parent seeking a change must show that:
- There has been a material and substantial change in circumstances, and
- Modifying the order would benefit the child
A pattern of noncompliance can be a strong factor in that analysis.
Do You Have to Go to Court to Resolve the Issue?
Not always. Some parents are able to resolve disputes through communication or mediation, especially if the violation is minor or isolated.
That said, informal agreements are not enforceable unless they are approved by the court. If the issue continues or affects your parenting time, filing for enforcement may be the more reliable option.
We often help clients assess whether a situation calls for immediate legal action or whether a less formal approach may resolve the issue.
Protecting Your Time and Your Child’s Stability
If you are dealing with custody order violations in Texas, we can help you understand your options and take action when needed. Whether you need to enforce an order or respond to an allegation, our team at Navarrete & Schwartz, P.C., works with you to build a clear path forward.
Contact us to discuss your situation and learn how we can help you protect your parental rights.