How Can You Enforce a Child Custody Order?

On Behalf of Robert S. Clark Sr.

Jun 01, 2025

The state of Texas puts custody orders in place after carefully considering a family’s situation and deciding what it believes is in the best interests of the child. Unfortunately, sometimes, one parent doesn’t follow the custody order. They may refuse to allow the other parent to see the child or fail to return the child on time, but when this happens, you can take steps to enforce the order with the help of a child custody attorney in Houston.

Why Enforcement Matters

It can seem like enforcing a custody order is more trouble than it’s worth: you know it will mean that tensions run high and there might even be a fight with the other parent. But enforcing a custody order is important because it’s not really so much about the parents’ rights as it is about the child’s. A child has a right to a relationship with both their parents, so long as it’s safe, and the parents cannot take this right from their child by getting a divorce.

When one of the parents keeps ignoring a custody order, not only does it create stress for the other parent, but it also creates stress for the child and deprives them of one of the most important relationships in a person’s life. Because of this, the Texas courts take these orders very seriously. If someone isn’t following the order, the court does have ways to address it.

First Steps to Enforce a Custody Order

Talk to the Other Parent

In these situations, the best thing to do, so long as it is safe, is always to try to talk to the other parent first. You wouldn’t believe how many times these issues boil down to a simple misunderstanding or scheduling issue that the two of you can work out without having to get the court involved. For example, if the child’s father regularly misses a pickup time, but it’s always because of work, it might be worth sitting down and talking about whether to change that pickup time by an hour or two to make it easier. Just make sure that whatever you agree to, you have a record of it and you keep that record in case you need proof later.

In other cases, just reasoning with the other parent can help them see that you are genuinely interested in your child’s well-being and help them feel less adversarial about the issue. Sometimes, particularly after a divorce, one parent may engage in poor behavior because they’re angry, bitter, or frustrated with their former spouse, and they haven’t really thought about the effect this can have on the child. Once it’s explained to them, you might find that you’re able to move forward.

Start Gathering Evidence

If talking doesn’t help, you’re going to need to bring a case before the court to have them enforce the order, and you will need plenty of evidence to show that the other parent isn’t following the order. Start keeping records on your calendar of every time a visit is missed. If you get any messages by text or email where the parent refuses to cooperate, keep it. If anybody sees this behavior, such as a family member, neighbor, or a teacher, make a note so your lawyer can contact them to get their testimony.

Bear in mind that Texas law does not allow you to “fix” this situation yourself. You can’t just punish the other parent for not following a custody order. You have to follow the legal steps, and that means gathering evidence and then presenting that evidence in court.

Contact a Child Custody Attorney in Houston

As soon as you know that this isn’t an issue you can resolve by talking it through, contact a child custody attorney with experience here in the Houston area. Your attorney will review your child custody order, look at all the evidence that you’ve collected, and then help you put together a strong case before the court for why enforcement needs to happen.

File a Motion for Enforcement

Together with your lawyer, you will file something called a Motion for Enforcement with the court that issued the original order. This motion is your official way of asking the court to force the other parent to follow the original order. Your motion needs to explain exactly what the other parent is doing, and you’ll need to include all the specific details about when and where these violations happened.

For example, if your petition is claiming that you are supposed to have your child every Wednesday evening, but the parent has blocked that visit three times in the last five weeks, you’ll need to list the exact dates that those happened and attach any evidence that you have, such as text messages or a log that you are keeping of missed pick-ups.

Once you have filed this motion, you have to notify the other parent about it by serving them with legal papers. They then have a certain amount of time to respond to the court, and if they don’t, then the court may simply make a judgment without any input from them at all. In that case, whatever you say is likely to be accepted, so long as you are able to back it up with evidence.

Go to the Hearing

Once you have filed your motion, the court will schedule a hearing where both of you can explain your side, assuming the other parent responds and wants to explain their side at all. At this hearing, your lawyer will help you by presenting your evidence and countering any arguments the other parent may bring to justify why they are not following the order. The judge will listen to all the evidence presented by both sides and look at the custody order in detail to see if it was violated.

If the judge agrees that the order has been broken, the court can then take a number of different actions to enforce it. Some of them include:

Make-Up Time

If the other parent has been denying you your court ordered time with your child, the court can grant you extra time to make up for this.

Fines and Contempt of Court

If a violation is more serious, such as if the parent’s behavior is particularly egregious or has been ongoing for some time, and especially if you have already attempted to address it and the other parent has not responded, they might be held in contempt of court.

Contempt of court means they have disrespected the authority of the court in laying down the custody order, and this punishment usually comes with fines and other penalties. In some cases, the court may require the other parent to pay your legal fees and the court costs because their behavior has forced everyone into this situation.

Jail Time

Jail time is pretty rare in these situations, but in extreme cases, the court can order it for a parent who continually breaks the custody order. This is usually only ordered after there have been multiple violations and a number of warnings. This is the last resort, primarily because it can negatively affect the child, but it does happen.

If your child’s other parent is denying you visitation rights or otherwise breaking a custody order, we can help. Reach out to us today at the Clark Law Firm, P.C. in Houston.

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