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If your co-parent repeatedly refuses to let you see your child, Texas law provides a path to hold them accountable. As of September 1, 2025, Texas enacted Senate Bill 2794, which amends the Texas Penal Code to create escalating criminal penalties for parents who knowingly interfere with court-ordered custody or visitation. House Bill 3181 amended the Texas Family Code to impose mandatory civil consequences after three contempt findings for visitation denial. Together, these laws are commonly referred to as the "three-strikes visitation law."
If you are dealing with ongoing visitation denial in Texas, Angela Faye Brown & Associates can help you understand your options. Call 713-936-2677 or reach out online to discuss your situation today.
How the "Three Strikes" Rule Works Under the Texas Family Code 2026
The three-strikes concept operates on two legal tracks: criminal penalties under the amended Texas Penal Code § 25.03 and civil enforcement consequences under the Texas Family Code. On the criminal side, S.B. 2794 imposes escalating penalties: a first offense is a Class C misdemeanor with a fine up to $500, and a third offense becomes a state jail felony. On the civil side, H.B. 3181 requires that after three or more contempt findings for denying visitation, courts must order mandatory makeup time equal to double the denied visits, award the aggrieved parent’s attorney’s fees, may not suspend jail time through community supervision, and may revisit the conservatorship arrangement.
Each "strike" must be a clear, documentable instance where the other parent violated the specific terms of your possession order. Under Texas Family Code § 157.002, a motion to enforce visitation must identify the specific provision violated, state the manner of noncompliance, include the date, place, and time of each occasion, and state the relief requested.
💡 Pro Tip: Keep a written log of every denied visit, including the date, time, location, and what happened. Photographs, text messages, and witness statements can all strengthen your enforcement case.
What Is the Standard Possession Order in Texas?
The Standard Possession Order (SPO) is the default visitation schedule Texas courts apply in most custody cases. Under Texas Family Code § 153.252, the law presumes the SPO is in the best interest of a child age three or older and represents the minimum parenting time unless evidence shows otherwise, such as family violence or the child being under three.
SPO Schedule for Parents Within 100 Miles
If both parents live within 100 miles of each other, the noncustodial parent generally receives:
- 1st, 3rd, and 5th weekends of each month
- Thursday evenings during the school year
- Alternating holidays
- 30 days during the summer
Parents with an SPO can mutually agree to any schedule. The SPO only becomes mandatory when parents cannot reach agreement. You can learn more about possession and visitation orders and how they affect your rights.
💡 Pro Tip: Even if you and your co-parent have an informal agreement that differs from the SPO, the court will only enforce the written order. Make sure any changes to the schedule are formalized through the court.
Why Your Visitation Order Must Be Enforceable
A visitation order must be "clear, specific, and unambiguous" before a Texas court will enforce it. Your order needs to clearly state a time, place, and date to exchange the children. If the language is vague or open-ended, a judge may decline to hold the other parent in contempt.
What Makes an Order Unenforceable?
Orders that say things like "reasonable visitation" or "by agreement of the parties" without specifying dates, times, and locations are difficult to enforce. If your current order lacks specific terms, you may need to file a modification before pursuing enforcement. An experienced family law attorney in Austin can review your order and advise you on whether it meets the enforceability threshold.
How to Document Visitation Denial in Texas
Proper documentation is critical to a successful enforcement action. Texas law requires that you physically appear at the pick-up location specified in the court order to prove a denial occurred. A text message or voicemail saying they will not allow the visit is not sufficient on its own. You must show up at the designated exchange location at the ordered time so the other parent’s failure to produce the child can be established.
Even if your co-parent has told you they will refuse the visit, you should still go to the designated exchange location at the ordered time. Bring a witness if possible and make note of exactly what happened.
| Documentation Element | Why It Matters |
|---|---|
| Date and time of denied visit | Establishes the specific order provision violated |
| Physical appearance at exchange location | Required to legally prove denial occurred |
| Witness present | Corroborates your account in court |
| Text messages or emails | Provides additional context but cannot replace showing up |
| Written log entry | Creates a contemporaneous record for your attorney |
💡 Pro Tip: Consider bringing a calm, neutral friend or family member as a witness each time you attempt a pick-up during a period of conflict. Their testimony can be valuable if the case goes to court.
What Penalties Can a Family Law Attorney in Austin Pursue for Visitation Interference?
Texas courts now have both civil and criminal tools to penalize a parent who repeatedly denies court-ordered visitation. On the civil side, contempt penalties can include fines, community supervision, or jail time. On the criminal side, under S.B. 2794, escalating convictions can result in misdemeanor charges for first and second offenses and a state jail felony for a third offense. However, if you request more than six months of total incarceration, the respondent may gain the right to a jury trial, which can complicate and delay the process.
Additional Remedies Beyond Contempt
Beyond contempt, courts can order makeup visitation time and reimbursement of expenses you incurred while attempting denied visits. Under H.B. 3181, after three or more contempt findings, the court must order makeup time equal to double the duration of denied visits and must award attorney’s fees to the aggrieved parent.
A Suit Affecting the Parent-Child Relationship (SAPCR) can also be enforced through civil and criminal contempt, wage garnishment, liens on property, and suspension of state licenses. You can review additional SAPCR enforcement options to understand the full range of tools available.
💡 Pro Tip: When pursuing enforcement, work with your attorney to keep the total requested jail time at or below six months across all violations. This avoids triggering the respondent’s right to a jury trial and generally leads to a faster resolution.
How Family Violence Affects Visitation Decisions
Texas judges are legally required to consider evidence of family violence when making custody and visitation decisions, per Texas Family Code §§ 153.004 and 153.005. If there are documented safety concerns, a judge can order supervised visitation, where a parent’s time with the child is overseen by a family member, neutral third party, or agency. This is not a punishment but a protective measure.
Enforcement Resources for Texas Parents Denied Visitation
If you have a court-ordered visitation schedule and the other parent is not complying, resources are available to help. The Access and Visitation Hotline at 866-292-4636 provides guidance for parents dealing with denied visits. Understanding what happened when your ex violates visitation orders is an important first step toward protecting your rights.
💡 Pro Tip: Do not attempt to "self-help" by withholding child support if your visitation is denied. Visitation and child support are separate legal obligations, and violating your own obligations can hurt your case. Under the new law, taking matters into your own hands can also result in criminal charges against you.
Frequently Asked Questions
1. Does Texas have an actual "three-strikes" visitation statute?
Yes. Effective September 1, 2025, Texas enacted two pieces of legislation forming the "three-strikes" framework. Senate Bill 2794 amends the Texas Penal Code to impose escalating criminal penalties, up to a state jail felony on a third conviction, for knowingly interfering with court-ordered possession. House Bill 3181 amends the Texas Family Code to require mandatory doubled makeup time, mandatory attorney’s fees, and potential custody modification after three or more civil contempt findings.
2. What do I need to file a motion to enforce visitation in Texas?
Under Texas Family Code § 157.002, your motion must identify the specific provision violated, describe how the respondent failed to comply, include the date, place, and time of each occasion of noncompliance, and state the relief requested. Your visitation order must also be clear and specific enough to be enforceable.
3. Can I get makeup visitation time if my co-parent denied my visits?
Yes. Texas courts can order additional parenting time to compensate for denied visits. Under H.B. 3181, if the court has found a parent in contempt on at least three occasions, it must order makeup time equal to double the duration of denied visits. Courts may also order reimbursement of expenses you incurred while attempting denied visitation.
4. What happens if my co-parent texts me saying I cannot see my child?
A text message alone is generally not enough to prove visitation denial in court. Texas law requires you to physically appear at the pick-up location listed in your court order at the designated time. Even if the other parent has told you they will refuse the visit, you should still show up and document the denial.
5. Is the Standard Possession Order the same for all children in Texas?
Not exactly. Texas Family Code § 153.252 presumes the SPO is in the best interest of children age three and older. For children under three, courts may apply a modified schedule. The SPO also differs depending on whether parents live within or beyond 100 miles of each other.
Protecting Your Parenting Time Under Texas Law
Visitation denial is a serious issue that affects both you and your child. Texas law now provides both civil and criminal enforcement tools, but success depends on proper documentation, a clear and enforceable order, and a strategic legal approach. Whether you are facing your first denial or your third, understanding the process is key to protecting the time you deserve with your child.
If you need help with visitation enforcement or any custody matter in Texas, Angela Faye Brown & Associates is ready to stand with you. Call 713-936-2677 or contact us today to take the next step toward protecting your parental rights.
