What Happens if a Parent Violates a Child Custody Order in Texas?

 Posted on June 16, 2026 in Child Custody

Not every parent is willing to follow the directives in their custody order. When a parent repeatedly violates an order, it often puts strain on the other parent and their relationship with their child.

In these cases, the other parent can ask a court to enforce the order. The violating parent can face penalties ranging from make-up parenting time to fines, attorney's fees, and even jail for contempt of court.

If you're dealing with an uncooperative co-parent in 2026, a Parker County, TX custody attorney can help you petition for enforcement.

What Counts as Violating a Custody Order in Texas?

In Texas, custody is called conservatorship, and the schedule for when each parent has the child is called possession and access. A parent violates a conservatorship order anytime they don't follow what the order requires, whether that involves parenting time or decision-making.

Common violations include refusing to hand over the child for the other parent's scheduled possession, repeatedly returning the child late, or moving the child away in violation of the order. Others involve decision-making, such as making a major medical or educational choice that the order says both parents must share.

Not every violation requires court action. If the offenses are serious or repeated, though, it might be time to enforce your order.

How Do You Enforce a Custody Order in Texas?

Enforcement of a custody order starts with filing a motion for enforcement with the same court that issued it. A parent can file a motion to enforce any provision of a temporary or final custody order (Texas Family Code § 157.001).

For the motion to succeed, it has to be specific. A strong motion typically includes:

• The exact provision of the order that was violated

• The specific dates and times each violation happened

• A clear description of what the other parent did or failed to do

If your co-parent is violating your order, make sure you have documentation of it. Keep relevant communication, such as emails or texts. document instances when they violate the order in writing.

What Penalties Can a Parent Face for Disobeying a Texas Custody Order?

A parent who disobeys a custody order can face a range of penalties. Possible consequences a Texas court can order include:

• Make-up parenting time

• Fines and an order to pay the other parent's attorney's fees and court costs

• A finding of contempt, which can carry jail time for willful violations

• Clarification of a vague order so it can be enforced going forward

In more extreme cases, ongoing interference can become a criminal issue. Under Texas Penal Code § 25.03, taking or keeping a child in violation of a custody order can be charged as interference with child custody. This is typically a state jail felony and will result in a separate court process from the petition to enforce the order.

What Should I Do if My Co-Parent Won't Follow Our Custody Order?

Start by documenting everything as noted above. Avoid retaliating by withholding the child during your co-parent's parenting time or stopping child support. These actions may result in consequences for you and will weaken your case against your co-parent. It may also create problems for your child.

If the problem continues, talk to a family law attorney about filing a motion for enforcement. If cost is a concern, discuss whether it's possible for the court to order your co-parent to pay the attorney fees for your case.

Call a Weatherford, TX Family Law Attorney Today

Custody enforcement often requires paperwork and documentation before things get resolved. A lawyer familiar with these issues can help you make sure everything gets filed properly and on time.

Our Parker County, TX custody lawyer has over 25 years of experience in family law. Attorney Key has also been a Certified Family Law Mediator since 2006 and can advise you on whether alternatives to courtroom litigation, such as mediation, would be a good fit for your case. You'll work directly with one attorney, supported by a paralegal, from start to finish. Call The Law Offices of Kary L. Key at 817-599-6969 today to discuss your options.