How to Enforce a Texas Custody Order When Your Ex Won't Cooperate

Under Tex. Fam. Code § 157.001, you can file a Motion for Enforcement when the other parent has violated ANY provision of a court order — including custody, visitation, child support, or property provisions. The most common enforcement scenarios in Ector and Midland County involve:

• Denied visits. Ex refuses to hand over the child at the scheduled time.
• Late returns. Ex returns the child hours or days late.
• Interference with contact. Ex blocks phone/video calls or moves without notice.
• Withholding at exchanges. Ex "changes their mind" on weekends or holidays.
• Not enrolling in the ordered activities. School, medical care, counseling.
• Unpaid child support. Separate but related — same § 157 enforcement structure.

The Three Elements of Contempt

To hold your ex in contempt, you must prove three elements by clear and convincing evidence:

Under Tex. Fam. Code § 157.166, the court has broad discretion to remedy violations. In Ector and Midland County enforcement cases, judges commonly order:

1. Contempt (Criminal-Style Punishment)

• Up to 6 months in county jail per violation (each denied visit is a separate violation)
• Fines up to $500 per violation
• Both jail AND fines can be imposed together

2. Make-Up Visitation

For every visit that was denied, the court can order an equivalent make-up period. If your ex denied 4 weekend visits, you get 4 additional weekends — often taken from your ex's next holiday or summer time.

3. Attorney's Fees

Under Tex. Fam. Code § 157.167, the court SHALL order the violating parent to pay your reasonable attorney's fees and court costs — unless the court finds good cause not to. This is one of the few areas of Texas family law where fee-shifting is nearly automatic.

4. Modification of the Order

If violations show the current order isn't working, the court can modify custody or visitation on the spot. Repeated interference by one parent is often grounds to switch primary conservator to the other parent.

5. Additional Sanctions

• Community service
• Bond requirements to ensure future compliance
• Court-supervised counseling or co-parenting classes
• License suspension (driver's, professional) for support violations

Enforcement cases are won on documentation. Vague testimony ("she never lets me see them") loses. Detailed records win.

Documentation Checklist

Filing Requirements Under § 157.002

Your Motion for Enforcement MUST identify each alleged violation SPECIFICALLY — the date, the term of the order violated, and how it was violated. Generic "she's been denying visits" motions get dismissed. Robles Family Law drafts detailed motions with itemized violation charts that judges can rule on directly.

Timing Matters

Under Tex. Fam. Code § 157.005, there is generally a 2-year statute of limitations on filing for post-order violations. Don't wait — file early, file often. A pattern of enforcement early creates a record that discourages further violations.