Legal Consequences of Violating Court-Ordered Custody Agreements
A court-ordered custody agreement in Texas establishes your parental rights and responsibilities. It determines who makes important decisions for your child and when each parent has parenting time. Violations include denying scheduled visitation, keeping your child beyond the permitted time, or disregarding geographic restrictions. If you violate a custody order, you may face fines, jail time, makeup parenting time, and other legal consequences.
Custody arrangements can become difficult when schedules change or disagreements arise. If the other parent repeatedly violates your custody order, you may worry about losing valuable time with your child. You may also feel uncertain about your legal rights if the other parent accuses you of violating the agreement.
At Thaler Law in Georgetown, Texas, we help parents enforce custody orders and defend against allegations of noncompliance. We can review your situation, explain your rights, and help you take appropriate legal action. Contact us today to schedule a consultation.
Contempt of Court: Jail Time and Fines
If the other parent violates your custody order, you can file a motion for enforcement. This asks the court to address specific violations and, when appropriate, hold the parent in contempt for disobeying the order. Your motion must identify the violated provisions and describe each incident, including the dates.
If the court finds a parent in contempt, penalties may include:
Up to six months in county jail
A fine of up to $500
Both jail time and a fine
The court may impose separate penalties for individual violations. Judges can also suspend jail sentences and order community supervision, which requires the parent to follow court-imposed conditions.
However, under a Texas law effective September 1, 2025, judges cannot suspend a contempt sentence and grant community supervision if the parent has at least three previous contempt findings for violating possession or visitation orders.
Court-Ordered Makeup Parenting Time
If the other parent wrongfully denies your scheduled visitation, Texas courts generally must award makeup parenting time unless there is good cause not to.
The replacement time must generally match the type and length of the missed visitation. For example, if you missed a scheduled weekend, you may receive another weekend. You generally have the right to select the replacement time, which must occur within two years of the court's finding.
If a parent has at least three previous contempt findings for denying possession or access to the same child, the court must award twice the amount of parenting time wrongfully denied.
Payment of the Other Parent's Attorney's Fees
If you violate a custody order, you may have to pay the other parent's reasonable attorney's fees and court costs. Texas courts generally must award these expenses when they find a violation of a possession or access order.
A judge may waive payment for good cause, but must explain the reasons. However, the court cannot waive attorney's fees and costs if you have at least three previous contempt findings for denying possession of the same child.
In certain cases involving the child's physical or emotional welfare, the court may use child support enforcement remedies to collect these expenses, except income withholding.
Posting a Bond to Secure Compliance
If you deny the other parent court-ordered possession or access on two or more occasions, the court may require you to post a bond or provide other financial security.
A bond is a financial guarantee that you will follow the custody order. If you violate the order again, the court may order you to forfeit some or all of the security.
Possible Changes to Custody or Parenting Time
Repeated custody violations may affect your parenting time or decision-making rights. To modify a custody order in Texas, you generally must show a material and substantial change in circumstances. The proposed modification must also serve your child's best interests.
A new contempt finding for denying possession or access, after at least three previous findings involving the same child, establishes a material and substantial change in circumstances under Texas law.
This can support a request for child custody modifications. However, a contempt finding does not automatically mean you will lose custody. The judge must still determine whether the proposed changes serve your child's best interests.
Criminal Charges and Civil Lawsuits
Some custody violations can lead to criminal charges or civil lawsuits beyond family court enforcement. These proceedings address different types of conduct and carry separate legal consequences.
Criminal Charges for Interference With Child Custody
In Texas, you may face criminal charges if you take or keep a child under 18 while knowing your actions violate the express terms of a custody order. Interference with child custody is a state jail felony. A conviction can result in:
180 days to two years in a state jail facility
A fine of up to $10,000
Not every missed exchange or late return constitutes a crime. Prosecutors must prove the required elements of the offense, and applicable defenses may affect the outcome.
Civil Lawsuits for Interference With Possessory Rights
If someone takes, keeps, or conceals your child in violation of your legal right to possession, you may have grounds for a civil lawsuit.
Under Texas law, you may recover qualifying damages if the person acted knowingly or intentionally. These may include certain financial losses, mental suffering, and reasonable attorney's fees, depending on the circumstances.
What Should You Do if the Other Parent Violates Your Custody Order?
If the other parent repeatedly violates your custody order, you can document the incidents and seek court enforcement. The following steps can help you preserve evidence and support your case.
Document each violation: Record the date, time, and circumstances of each incident. Save text messages, emails, and other relevant evidence.
Continue following the order: Attend scheduled exchanges and fulfill your responsibilities, even if the other parent refuses to cooperate.
Avoid retaliating: Do not withhold visitation because the other parent violated the order or failed to pay child support. You could face enforcement proceedings yourself.
Seek legal assistance: Your lawyer can review your evidence, identify enforceable violations, and help you pursue custody order enforcement when appropriate.
If your existing custody schedule no longer works, our Texas family law attorneys can help you request a formal modification. Informal agreements with the other parent generally do not replace your court order. If your child's safety is at risk, we can assess your circumstances and help you seek emergency court protection when appropriate.
Call Us for Your Texas Custody Dispute
Violating a custody order in Texas can lead to fines, jail time, makeup parenting time, attorney's fees, and possible custody modifications. Certain violations may also result in criminal charges or civil lawsuits. Whether you need to enforce an order or respond to allegations, understanding the consequences can help you make informed legal decisions.
At Thaler Law in Georgetown, Texas, we serve families throughout Travis County, Bell County, Burnet County, Hays County, Bastrop County, Bexar County, Lampasas County, Milam County, and McLennan County. We handle enforcement and modification cases and defend parents facing contempt allegations. Call us now to schedule a consultation.
