What to Do If Your Ex Violates a Child Custody Agreement in Houston

When a parent stops following a custody or visitation order, the effects can be immediate: missed time with a child, disrupted routines, and a lot of uncertainty about what to do next. If you are in that situation in Houston, you are not alone, and Texas law provides specific ways to address it.

This article offers general insights into how Texas treats violations of custody and visitation orders, what to document, how a motion for enforcement works, what remedies a court can order, and how enforcement differs from modification. Cases in Houston and Harris County are decided under Texas law, so the framework applies statewide, though procedures and judges’ practices can vary.

If a child is in immediate danger, call 911. If safety is the reason for the dispute, the National Domestic Violence Hotline (1-800-799-7233) offers confidential support, and our article on how domestic violence affects child custody decisions in Houston explains related legal issues.

Key Takeaways

• Only the terms of a signed court order can be enforced through the court. An informal agreement between parents generally cannot.
• A motion for enforcement identifies the specific provision violated and the facts of each violation, and is filed in the court that issued the order.
• Remedies can include contempt, additional periods of possession to make up for denied time, and an order that the other parent pay attorney’s fees and costs.
• Enforcement and modification are different. Enforcement asks the court to make a parent follow the existing order. Modification asks the court to change it.
• Time limits apply, and Texas enacted new provisions in 2025 addressing repeated denials of possession or access.

Understanding Custody Violations in Texas

A custody violation occurs when a parent fails to follow the terms of a court order, such as a final order or temporary order that sets conservatorship, possession and access, and related duties. A motion for enforcement can be filed to enforce any provision of a temporary or final order, and it must be filed in the court of continuing, exclusive jurisdiction (Texas Family Code § 157.001). The order is what counts. If parents have only an informal or verbal agreement that was never made part of a court order, there may be nothing for a court to enforce. For background on how these orders are structured, see our pages on child custody and custody and access.

Examples of conduct that may violate an order include:

• Refusing to allow possession or access as the order provides
• Not following the schedule for weekends, holidays, summer, or exchanges, including returning the child late
• Moving the child, or changing the child’s residence, in a way the order does not allow
• Failing to provide information the order or the Family Code requires, such as information about the child’s health, education, or welfare
• Interfering with court-ordered communication between the child and the other parent
• Violating specific conditions in the order, such as restrictions on travel or on who may be present during possession

Not every deviation is a violation a court will punish. Orders can be unclear, parents sometimes agree to a one-time change, and emergencies happen. Courts look at what the order actually requires and whether the conduct violated it.

What Should You Do If Your Ex Violates the Custody Agreement?

The Texas State Law Library offers a general guide to child custody and support that can help parents understand how custody orders work. The steps below describe how parents commonly approach a violation.

1. Document the Violation

The first step is a written record. Strong documentation helps an attorney assess the situation and helps a court understand what happened. Useful items include:

• The dates and times of each violation, and the order provision that applies
• Messages, emails, and texts showing the violation or the other parent’s response
• Witness information if other people were present
• Notes about missed time, late returns, or missed exchanges, ideally written the same day
• Any police report numbers if law enforcement was contacted
• Records of costs caused by the violation, such as travel or lost work

A simple calendar log that compares the schedule in the order with what actually happened is often more persuasive than a general description.

2. Communicate With Your Ex

If the violation seems minor or unintentional, a calm, written message may resolve it. Keep it brief and factual, refer to the order, and avoid accusations. A co-parenting communication app or email creates a record. Avoid retaliating, such as withholding the child or support in response, because that can create separate problems for you. If your ex does not respond or the problem continues, it may be time to consider formal options. Our article on whether you can stop paying child support if your ex will not let you see the kids explains why those issues are kept separate.

3. Send a Formal Notice

A written notice or demand letter reminds the other parent of the order, identifies the violation, and asks for compliance. It is not a legal requirement before filing a motion, but it can show that the other parent was on notice, and it sometimes resolves the problem without a hearing. An attorney can send the notice.

4. File a Motion for Enforcement

If the violation continues, the next step is usually a motion for enforcement. The motion must identify the provision of the order allegedly violated and describe the facts and circumstances of each violation (see § 157.002). The more specific and organized the motion is, the easier it is for the court to evaluate.

Depending on what the court finds, it can order a range of remedies, discussed below. Some points to keep in mind:

• Time limits apply. A court retains jurisdiction to render a contempt order for failure to comply with a possession and access order if the motion is filed no later than the sixth month after the date the right of possession and access ends under the order or by operation of law (§ 157.004). Do not wait to see whether the problem resolves itself.
• The order must be clear. Contempt generally requires an order that clearly tells a person what to do. If an order is vague or conflicts with itself, clarification may be needed first.
• Defenses exist. The Family Code recognizes certain affirmative defenses to enforcement of possession or access, and the other parent may raise them.
• Notice and a hearing are required. The other parent is entitled to notice of the allegations and an opportunity to respond.

5. Know When the Situation Is an Emergency

If a child has been taken or is being kept in a way that violates an order, faster tools may be available. A writ of habeas corpus can be used to seek the return of a child in some situations (see our article on the writ of habeas corpus in Houston), and a court can issue temporary orders. Knowingly taking or keeping a child in violation of a court order can also be a criminal offense (see Texas Penal Code § 25.03). Law enforcement often treats custody disputes as civil matters unless an order is clear and the circumstances fit, so an attorney can advise on whether to involve police. If a child is in danger, call 911.

6. Consider Whether a Modification Is Appropriate

A serious or ongoing violation can raise the question of whether the order itself should change. A modification is a separate legal step, not a punishment. A parent seeking one generally has to show that the change is in the child’s best interest and meet the Family Code’s requirements for modification (see § 156.101). Texas also added a provision, effective September 1, 2025, addressing modification after a parent has been found in contempt multiple times for denying possession or access (§ 156.107). See our modifications page and our article on what parents should know before seeking a child custody modification for more background.

7. Speak With a Texas Family Law Attorney

Enforcement involves deadlines, specific pleading requirements, and evidence rules, and the right approach depends on the order. Many parents consult an attorney early to confirm that the order is enforceable as written, to evaluate defenses, and to choose between enforcement, modification, or both. Our guide on how parents can prepare for a child custody case before going to court covers general preparation, and our article on how to enforce a custody order the other parent is ignoring looks at enforcement from a related angle.

What Are the Consequences of Violating a Custody Agreement?

Texas law gives courts several remedies, which depend on the facts and the court’s findings:

• Contempt of court. A court can hold a parent in contempt for violating an order. Texas law limits contempt punishment; in general, a fine and a period of confinement can be imposed for each violation, subject to statutory limits (see Texas Government Code § 21.002). A court may also suspend a jail term and place the parent on community supervision with conditions (see § 157.165).
• Additional periods of possession. A court may order additional periods of possession or access to compensate for the denial of court-ordered time. Those periods generally must be of the same type and duration as the time denied, and the parent who was denied time generally decides when to take it (§ 157.168).
• Attorney’s fees and costs. If the court finds that the respondent failed to comply with an order providing for possession or access, the Family Code directs the court to order the respondent to pay the movant’s reasonable attorney’s fees and all court costs, in addition to any other remedy, subject to limited exceptions (§ 157.167).
• Repeated violations. Provisions that took effect on September 1, 2025 address parents who have been found in contempt several times for denying possession or access, including changes to the probation of contempt orders, the additional periods of possession a court orders, and modification. The statute uses a threshold of three contempt findings. The details and how they apply to older cases should be confirmed with an attorney.
• Criminal exposure in some cases. Interference with child custody can be a criminal matter under the Penal Code, which is separate from the family court case.

No remedy is automatic or guaranteed. A court decides based on the evidence, the clarity of the order, and any defenses raised.

Is It Time to Modify Your Custody Agreement?

Modification and enforcement answer different questions. Enforcement asks whether a parent followed the current order. Modification asks whether the order should change going forward. A court generally changes conservatorship, possession, or access only if the Family Code’s requirements are met and the change serves the child’s best interest. Parents sometimes pursue both when a violation is part of a broader pattern. If the other parent moved out of state, additional rules about which state’s court has jurisdiction may apply under Texas’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (Chapter 152), so speak with an attorney before filing anything in another state.

Practical Insights

• Keep your own compliance spotless. Courts look at both parents’ conduct. Follow the order even when the other parent does not, unless there is a safety emergency.
• Avoid self-help. Taking the child outside the order’s terms, or stopping exchanges, can create legal exposure for you.
• Keep the child out of the conflict. Avoid discussing the case with the child or asking the child to carry messages.
• Be accurate. Overstating a violation can undermine credibility. Stick to what you directly know and can document.
• Ask about unclear provisions. If the order is ambiguous, an attorney can advise whether clarification is appropriate before you act.
• Know that Harris County practice can vary. Judges and courts have their own procedures. An attorney who regularly appears in the court can explain current practice.

Taking Action and Getting the Support You Need

A violation of a custody order can feel urgent and personal. Understanding what the order requires, documenting what happened, and knowing the available remedies can help you decide on a next step. For more background, see our enforcements page. If you would like to discuss your situation, you can contact Daniel Ogbeide Law to speak with a child custody attorney in Houston.

Every case is different. General descriptions of the law do not guarantee a particular outcome.

Disclaimer: This article is provided for general informational purposes only and reflects general insights about Texas family law as of the date shown above. It is not legal advice and does not create an attorney-client relationship. Do not rely on it as a substitute for advice from a licensed attorney who has reviewed the facts of your case.

Last Updated On October 9th 2026