As family law attorneys serving families across Texas, we’ve worked with many parents who are facing a heartbreaking and frustrating situation: being denied court-ordered time with their child. After a divorce, emotions can remain high, but refusing visitation or possession violates not only a parenting plan, it violates the law. If your ex is blocking your access to your child, it’s critical to understand your rights and take steps to protect them.
Texas law recognizes that a child’s relationship with both parents is important. When the court approves a final divorce decree or issues a custody order, the included and ordered terms are binding. That means these terms are not optional, and both parents are expected to follow the schedule and respect each other’s access. Denial of that access without agreement of the parties or serious legal justification can lead to equally serious legal consequences. And we’re here to help you understand what those consequences are—and what you can do next to protect your rights.
Understanding Your Possession And Access Rights
In Texas, what many people refer to as “visitation” is formally known as “possession and access.” When the court grants joint managing conservatorship or sole conservatorship in an Order, it also sets out a possession schedule that determines when each parent has time with the child.
Under Texas Family Code Section 153.3101, the Standard Possession Order (SPO) is often used, especially when parents live within 100 miles of each other. It gives one parent possession on the 1st, 3rd, and 5th weekends of each month, plus certain holidays and extended time during summer and spring breaks. A Court can order—or the parties can agree to an Order—that contains something entirely different, also. In any Order, the terms are not suggestions; they are legally enforceable.
If your ex is not honoring the court-ordered schedule, they are in violation of the order, even if they believe they have a valid reason. You have the right to enforce the order through legal channels.
Documenting The Denials Of Access
If your ex repeatedly denies you access to your child, the first thing to do is document every missed visit. Keep personal records of the dates and times, any communication between the parties on that topic, and your efforts to pick up the child or comply with the schedule. Save text messages, e-mails, voicemails, recordings, GPS locations, and more. These details are very important if you need to enforce your possession schedule in the Court.
We also recommend that you remain calm and never retaliate, either by refusing to make child support payments or attempting to reciprocally deny them time in return. In Texas, possession and child support are two separate legal obligations. Violating your own order could harm your case, because your retaliatory violation is just as much a violation as the other party’s.
Enforcing Your Possession Rights Through The Court
If informal communication doesn’t resolve the problem, you may need to file a motion to enforce the visitation order under Texas Family Code Chapter 157. This motion asks the court to hold the other parent legally accountable for denying you access. You’ll need to show the court how and when the order was violated, usually through showing evidence that the party violated the Order beyond a reasonable doubt.
Possible outcomes of a successful enforcement motion include:
- Make-up visitation time;
- Fines or court costs imposed on the non-compliant parent;
- Jail time for contempt of court in serious cases;
- An award of attorney’s fees; and
- Community supervision (functionally probation) for the non-compliant party.
Judges in Texas take violations of possession orders seriously, because they know how damaging it can be to a child’s well-being to have a parent removed from their life. Judges usually don’t like when parties attempt to create Orders of their own by violating those already issued by the Court. Enforcement ensures your child has the benefit of both parents, as the Court already ordered.
Modifying The Order If Circumstances Have Changed
If your ex consistently interferes with your possession, or if the current arrangement is no longer workable due to relocation, schedule conflicts, or other life changes, one can petition the court to modify the order. Under Texas Family Code Section 156.101 and its following sections, a modification may be granted if it’s in the best interest of the child and there has been a material and substantial change in circumstances.
Whether through enforcement or modification, our goal is to help you re-establish a stable, healthy, and reliable connection with your child.
Visitation Frequently Asked Questions
What Should I Do If My Ex Refuses To Follow The Court-Ordered Visitation Schedule?
Begin documenting each denial in writing. Record the date and time, save any text messages or e-mails, and document your attempts to follow the order. Then speak with a family law attorney about filing a motion to enforce the order in court. Do not attempt to retaliate, as this could damage your case.
Can I Withhold Child Support If My Ex Won’t Let Me See My Child?
No. In Texas, possession and child support are treated separately under the law. Even if the other parent is violating the visitation schedule, you are still legally obligated to pay child support as ordered. Instead, you should pursue enforcement of your visitation rights through the proper legal process.
What Penalties Can My Ex Face For Denying My Visitation?
If the court finds that your ex willfully violated the court order, the judge may order make-up visitation, impose fines, or even hold the violating parent in contempt. In serious or repeated cases, they could face jail time. Courts want both parents involved in the child’s life and will act to enforce the order.
Can I Call The Police If My Ex Denies Visitation?
You can call local law enforcement to report a violation of a court order, but keep in mind that many police departments will not enforce civil orders unless there is a present risk or danger to the child. However, documenting the report can still help your case if you are later forced to file a motion to enforce in court.
Can I Modify The Custody Order If My Ex Repeatedly Violates It?
Yes. If your ex continues to deny you access and it creates instability for the child, you may be able to request a modification of the custody or possession terms. Courts will consider a change if it serves the best interests of the child and if there has been a significant change in circumstances since the prior Order or Mediated Settlement Agreement.
What If My Child Doesn’t Want To Visit Me?
If your child resists visits, it’s still both parents’ right and responsibility to follow the court order. Often, this issue stems from tension or conflict between parents. If the problem continues, the court may order counseling or evaluate whether the current arrangement is still in the child’s best interest.
Call Orsinger, Nelson, Downing & Anderson To Enforce Your Rights
If you are being denied time with your child, the attorneys at Orsinger, Nelson, Downing & Anderson can help you take action. We will work to protect your rights and your relationship with your child by helping you enforce or modify the current court order.
Contact our Dallas parental alienation attorneys at Orsinger, Nelson, Downing & Anderson by calling (214) 273-2400 to schedule a consultation. Our firm serves clients from offices in Dallas, Frisco, and San Antonio, and we’re here to support you through every step of the legal process.