When a child custody agreement is finalized, both parents are legally bound to follow its terms. However, violations still happen. Whether it’s skipping scheduled visits, refusing to return the child on time, or denying visitation altogether, custody agreement violations can create stress, confusion, and emotional harm for both the child and the other parent. If you’re in this situation, it’s important to understand your legal options—and how a family law attorney can help you enforce your rights.
Understanding Custody Agreements in Texas
In Texas, custody arrangements—often referred to as “conservatorship”—can include physical custody, legal decision-making rights, and visitation schedules. These agreements are either negotiated in court or formalized after mutual agreement between parents. Once approved by a judge, the agreement becomes legally binding.
If one parent violates the terms, the other parent has the right to seek legal remedies. You do not have to tolerate repeated infractions or feel helpless if your ex refuses to follow the agreement. There are legal procedures specifically designed to address these situations.
Common Types of Custody Agreement Violations
Violations may be intentional or result from miscommunication, but regardless of intent, they can still harm the child’s well-being. Some of the most frequent violations include:
- Failing to return the child at the agreed-upon time
- Preventing the other parent from seeing the child
- Making unilateral decisions about the child’s schooling or health
- Interfering with phone calls or communication between the child and the other parent
- Moving the child without legal permission
If any of these apply to your situation, it’s time to involve a child visitation lawyer or enforcement attorney in Houston who can help you document the violations and start the legal process to correct them.
Document Everything
Before taking legal action, make sure to document every violation. This can include:
- Text messages or emails showing missed pickups or schedule changes
- Written records of denied visitation
- Witness accounts or recordings, if available
- Police reports (in severe cases)
Thorough documentation strengthens your case if you need to go to family court. Courts look for patterns of behavior rather than isolated incidents, and well-organized evidence can make a significant difference in the outcome.
Legal Options to Enforce a Custody Agreement
Texas law provides several ways to enforce a custody or visitation order:
1. Filing an Enforcement Motion
This is the most direct route. A family lawyer can help you file a motion to enforce the order with the court. You will need to outline the specific violations and provide supporting evidence.
The court may then:
- Hold the other parent in contempt
- Modify the existing custody agreement
- Order makeup visitation time
- Require supervised visitation in the future
- Issue fines or, in extreme cases, jail time
Working with a knowledgeable enforcement attorney can help you navigate the process with clarity and focus.
2. Involving Law Enforcement
If your ex refuses to return the child or is engaging in behavior that puts the child in danger, contact law enforcement. Police may assist with custody enforcement if you present a valid court order, especially in cases of parental abduction.
3. Requesting Custody Modification
If the violations are ongoing and demonstrate a disregard for the child’s best interests, you may be able to petition the court to modify the custody arrangement. A child custody lawyer can help you argue that a more stable arrangement is necessary to protect your child.
Penalties for Violating a Custody Order in Texas
Texas courts do not take custody violations lightly. Parents found in contempt of court may face:
- Civil penalties (fines and fees)
- Jail time (up to six months for each violation)
- Mandatory counseling or parenting classes
- Loss of custody or visitation rights
The goal of enforcement isn’t just punishment—it’s to protect the child’s right to a stable and loving relationship with both parents.
When to Get a Lawyer Involved
If you’ve tried communicating with your ex and nothing has changed, or if you fear for your child’s safety, it’s time to consult a family law attorney or child custody attorney in Houston. A legal professional can evaluate your case, explain your rights, and take the necessary steps to hold the other parent accountable.
Many people wait too long before seeking help, hoping things will improve. But repeated violations without consequences often lead to more serious issues. At Daniel Ogbeide Law, we encourage parents to act swiftly and decisively when a custody agreement is being ignored.
How We Can Help
At Daniel Ogbeide Law, we know how emotionally taxing custody battles can be. We have helped parents throughout Houston enforce custody and visitation orders, protect their rights, and most importantly—safeguard the emotional well-being of their children. Our team of family law and litigation attorneys is here to support you through every legal step, from filing motions to representing you in court.
Take Action to Protect Your Parental Rights
At Daniel Ogbeide Law, we understand how frustrating and painful it can be when a custody agreement is ignored. You shouldn’t have to navigate the legal system alone. Our experienced family lawyers in Houston are here to help you enforce your court order and protect what matters most—your relationship with your child.
If your ex is violating your custody agreement, don’t wait for things to get worse. Contact us today to schedule a consultation. We’ll stand by you, fight for your rights, and work toward the stability your child deserves.