A custody order is a court order. When the other parent violates it, they are not just breaking an agreement between two people. They are defying a judge’s directive, and Texas law gives you meaningful tools to respond. At Robles Family Law Firm in Odessa, we help parents understand their options and take action when the other parent steps out of line.
What Counts as a Custody Order Violation
Not every parenting disagreement rises to the level of a legal violation, but many actions do. Blocking your child from communicating with you in the way specified by the order is a violation. Withholding the child during the other parent’s scheduled time is also a violation, even when the child is sick. Using illness or other reasons to deny scheduled visitation without a court-approved modification is a clear violation of the order.
Your First Move: Call Law Enforcement
When a custody violation is happening in real time, your first call should be to local law enforcement. Officers may be able to intervene immediately, including arresting the other parent for interference with child custody. Even when an arrest does not occur, law enforcement involvement creates an official record of the incident, which carries significant weight later.
Show Up Every Time
For a court to hold the other parent accountable for denying your visitation, you must demonstrate that you showed up. Be at the right location, on the right day, at the right time. If you fail to appear at the scheduled exchange point, you have no standing to claim you were denied access.
Document Everything
Proof that you were present and that access was denied is the backbone of any contempt filing. Useful documentation includes a shared location screenshot showing you at the correct address, a photo of yourself at the pickup location sent to yourself with a timestamp, a store receipt from a nearby business showing the date and time, or messages from the other parent refusing the exchange.
Filing a Motion for Contempt
A Motion for Contempt is filed with the court that issued the original custody order. If held in contempt, the violating party may be sentenced to up to six months in county jail, ordered to pay your attorney fees, and placed on probation with an automatic arrest warrant issued if another violation is reported.
Repeated Violations Can Lead to a Custody Modification
Texas law recently strengthened the connection between repeated custody violations and custody modifications. If the other parent is systematically denying your access to your child, those repeated violations can serve as grounds for a motion to modify custody. A pattern of interference is a significant factor courts will weigh when evaluating whether a change in primary conservatorship is warranted.
Take Action With Robles Family Law Firm
Custody violations require a prompt, documented response. The steps you take in the days immediately following a violation can make a significant difference in how the court views the situation.
