What Happens If a Parent Violates a Custody Order in Texas?

When one parent fails to follow a court-ordered custody arrangement, it can create stress for everyone involved. If you are dealing with a custody dispute, our family law lawyers in Texas can help you understand your legal options and protect your parental rights. At the Law Office of Kyle Whitaker, our team helps parents address custody order violations and pursue appropriate legal remedies when necessary.

What Is Considered a Custody Order Violation?

A custody order, also referred to as a conservatorship or possession order in Texas, establishes each parent’s rights and responsibilities regarding their child. Both parents are legally required to comply with the terms of the order until it is modified by the court.

A custody order violation may occur when a parent intentionally refuses to follow the terms outlined in the court order. Common examples include:

• Refusing to return the child after scheduled parenting time

• Denying the other parent court-ordered visitation or possession

• Taking the child outside the geographic restrictions established by the order

• Repeatedly failing to appear for custody exchanges without a valid reason

Even if the other parent is violating the custody order, you should generally continue complying with your own obligations under the existing order unless the court directs otherwise. While this can be difficult, taking matters into your own hands by refusing to comply with the order could negatively affect your parental rights.

What Does Texas Law Say About Custody Order Enforcement?

Texas law provides several legal remedies when a parent violates a custody order. Under Texas Family Code Chapter 157, a parent may file an enforcement action asking the court to address the violations and compel compliance with the existing order.

To succeed in an enforcement action, the requesting parent generally must show that a valid court order exists and that the other parent failed to follow its specific terms. Courts often require detailed documentation of each alleged violation, including dates, times, and any available communications or other evidence.

What Are the Possible Consequences for Violating a Custody Order?

The consequences depend on the circumstances and the seriousness of the violations. Courts have authority to enforce their orders while considering the child’s best interests. Potential consequences may include:

• Makeup parenting time for the parent who was denied visitation

• Fines, court costs, or payment of the other parent’s attorney’s fees

• Contempt of court findings that may result in jail time in certain situations

• Modification of the existing custody order if circumstances warrant a change

Every case is unique, and the court will evaluate the facts before determining the appropriate remedy. 

Choose Our Texas Family Law Attorneys to Help You and Your Family Members

Custody order violations should be addressed promptly to help protect your relationship with your child and preserve your legal rights. At the Law Office of Kyle Whitaker, our family law lawyers in Texas represent parents seeking to enforce existing custody orders and resolve family law disputes. Contact our office today by calling 817-332-7703 or through our online contact form to schedule a consultation and learn how our team can help.