Skip to content
When Your Ex Keeps Your Children Away: Understanding Your Rights
If your ex-spouse is violating court-ordered visitation in Texas, you have legal options. The Travis County Domestic Relations Office monitors violations and enforces court orders, recognizing that maintaining parent-child relationships serves children’s best interests. Whether your ex consistently misses exchanges, refuses scheduled visits, or creates obstacles preventing contact, Texas law provides specific remedies to protect your parental rights.
💡 Pro Tip: Document every violation immediately with dates, times, and circumstances—this evidence becomes crucial if you need to file an enforcement motion with the court.
Take the bull by the horns and safeguard your parenting rights with the committed support of Angela Faye Brown & Associates. Don’t let visitation violations go unchecked—reach out to our team at 713-936-2677 or contact us today to steer your case in the right direction.
Texas Law Protects Your Right to See Your Children
Under Texas Family Code Chapter 157, parents have enforceable rights to court-ordered possession and access. Any Motion to Enforce must identify the specific provision violated, detail how the other parent failed to comply, and state what relief you’re seeking. Establishing a pattern typically requires documenting at least three separate incidents to demonstrate willful denial rather than isolated mistakes. Working with a Family Law Attorney in Austin becomes essential when building your case.
Recent legislative changes strengthen enforcement options. Texas H.B. 3181, effective September 1, 2025, introduces provisions recognizing three or more contempt findings for visitation denial as a material and substantial change in circumstances. This allows courts to modify conservatorship when one parent repeatedly interferes with the other’s relationship with their children, reflecting lawmakers’ understanding that persistent violations harm children and warrant stronger remedies.
💡 Pro Tip: Keep a detailed log including receipts from travel expenses, police reports if law enforcement was called, and any written communications about denied visits—courts consider comprehensive evidence when determining contempt.
The Step-by-Step Process for Enforcing Your Visitation Rights
Understanding the enforcement timeline helps you prepare effectively. The process begins with filing a Motion to Enforce, but specific procedural requirements must be met before your hearing. Here’s what you can expect:
- File your Motion to Enforce with detailed documentation of each violation—courts require specificity about dates, times, and circumstances
- Serve your ex-spouse personally with a Show Cause Notice and Citation—Texas law requires personal service for contempt proceedings
- Wait the mandatory 10-day period after the Return of Citation is filed before scheduling your hearing
- Attend the enforcement hearing where you’ll present evidence and request specific relief, including make-up visitation time
- Document new incidents if violations continue for potential modification proceedings—three contempt findings can support custody modification under new Texas law
💡 Pro Tip: Start gathering evidence immediately after the first violation—waiting until you have "enough" violations often means losing crucial documentation like text messages or witness availability.
How a Family Law Attorney in Austin Can Protect Your Parental Rights
Professional legal representation makes a substantial difference in achieving meaningful enforcement. Angela Faye Brown & Associates works diligently to restore your court-ordered parenting time. Texas courts have broad authority to remedy violations, including ordering compensatory parenting time, finding the violating parent in contempt, and modifying custody arrangements in severe cases. Courts take violations seriously because they recognize the harm to parent-child relationships. Under current law, judges can order additional possession periods to compensate for denied time, and with H.B. 3181 provisions, parents with three contempt findings must provide twice the duration of denied periods as make-up time. Under Texas H.B. 3181 (effective September 1, 2025), judges must award attorney’s fees and costs when a parent has three or more contempt findings for denying visitation, and the law explicitly prohibits courts from waiving those fees.
💡 Pro Tip: Consider requesting specific make-up time provisions in your enforcement order that account for special occasions and holidays you missed—courts often grant detailed relief when properly requested.
Understanding Different Types of Visitation Violations and Their Consequences
Not all visitation violations carry the same weight in court. Direct denial occurs when your ex explicitly refuses scheduled visitation, while indirect interference involves creating obstacles that effectively prevent visitation. Both types can support enforcement actions, but courts examine specific circumstances and intent when determining appropriate remedies.
Common Patterns That Courts Recognize as Violations
Texas courts recognize numerous tactics used to interfere with visitation. Consistently arriving late for exchanges, scheduling conflicting activities during the other parent’s time, or claiming the child is "sick" whenever visitation approaches all constitute potential violations. When working with a Family Law Attorney in Austin, documenting these patterns becomes crucial, as courts look for willful interference rather than genuine conflicts. New Texas law provisions specifically address parents engaging in repeated violations, recognizing that persistent interference damages children’s relationships with both parents.
💡 Pro Tip: Create a color-coded calendar marking scheduled visitation, actual visitation received, and violations—visual representations help judges quickly understand patterns of interference.
Resources and Support Systems for Parents Facing Visitation Denial
Texas provides multiple resources to help parents enforce visitation rights. The Texas Office of the Attorney General operates an Access and Visitation Hotline at (866) 292-4636, Monday through Friday from 1:00 pm to 5:00 pm CST, in English and Spanish. Parents can also access POLL LiveChat through Texas Legal Services Center for direct attorney assistance during specified hours.
Using Technology and Documentation Tools Effectively
Modern technology offers powerful tools for documenting violations and communicating about parenting time. Apps designed for co-parenting create timestamped records of all exchanges, while GPS-enabled photos can verify your presence when the other parent fails to appear. The Travis County Domestic Relations Office provides forms and resources for visitation enforcement, including guided e-filing options. Understanding how to properly use these tools strengthens your position for enforcement action.
💡 Pro Tip: Use parenting apps that create court-admissible records of communication—judges appreciate clear documentation that removes "he said/she said" disputes from enforcement proceedings.
Frequently Asked Questions
Common Concerns About Visitation Enforcement
Parents facing visitation denial often have similar questions about their rights and the enforcement process. Understanding these common concerns helps you prepare for your situation and know what to expect when seeking legal remedies.
💡 Pro Tip: Write down all your questions before consulting with an attorney—organized preparation helps you make the most of your consultation time and ensures you address all concerns.
Next Steps in the Legal Process
After filing an enforcement motion, the legal process follows established procedures designed to protect everyone’s rights while addressing violations. Understanding these steps helps reduce anxiety and allows effective preparation for each enforcement stage.
💡 Pro Tip: Stay focused on your children’s best interests throughout the process—courts respond favorably to parents who demonstrate commitment to maintaining healthy parent-child relationships rather than punishing the other parent.
1. How many violations do I need before I can file for enforcement with a family law lawyer in Texas?
While you can file after a single violation, Texas courts typically look for a pattern of at least three documented violations to establish willful denial. This distinguishes between isolated incidents and deliberate interference. Document every violation, but consult with an attorney about your case strength after accumulating evidence of multiple incidents.
2. Can my ex be arrested for violating our child custody order in Texas?
Yes, Texas courts can issue a capias (arrest warrant) for parents who violate court orders and fail to appear at enforcement hearings after proper service. However, arrest is typically reserved for severe cases or repeated court order violations. The court’s primary goal is compliance, not punishment, so judges usually try other remedies first.
3. What happens at a visitation enforcement hearing in family court Austin?
During an enforcement hearing, you’ll present evidence of violations including documentation, witness testimony, and relevant communications. The other parent can present defenses or explanations. If the judge finds violations occurred, they can order make-up visitation, hold the violating parent in contempt, order them to pay your attorney fees, or modify custody arrangements in severe cases.
4. How much does it cost to enforce visitation rights with an Austin family law attorney?
Attorney fees vary based on case complexity and violation frequency. However, Texas law allows courts to order the violating parent to pay your reasonable attorney fees and court costs when enforcement is successful. After September 1, 2025, H.B. 3181 requires courts to award attorney’s fees and costs when the violating parent has three or more previous contempt findings, and the statute explicitly prohibits courts from waiving those fees.
5. Should I call police when my ex won’t let me see my children during my scheduled visitation?
Calling law enforcement creates an official record of the violation, though police typically cannot force visitation without specific court orders. Request an incident report documenting your attempt to exercise visitation and the other parent’s refusal. This report becomes valuable evidence in enforcement proceedings, showing you made reasonable efforts to see your children.
Work with a Trusted Family Law Lawyer
Protecting your relationship with your children requires decisive action when court orders are violated. Texas law provides strong remedies for parents facing visitation interference, but navigating the enforcement process effectively requires understanding procedural requirements and strategic considerations. Whether you’re dealing with occasional violations or systematic denial of your parental rights, professional legal guidance ensures you pursue the most effective path toward restoring your court-ordered time with your children.
Don’t let visitation challenges hang over your head. Reach out to Angela Faye Brown & Associates to protect your parental rights. Get in touch at 713-936-2677 or contact us and let us guide you toward resolving your family law concerns.
