Summary: What’s Changing?
Starting September 1, 2025, Texas courts will have stronger tools to enforce child possession and access orders. This legislation creates new consequences for parents who repeatedly ignore court-ordered visitation.
Key Changes:
1. Mandatory Modifications After Three Contempt Findings
If a parent is found in contempt at least three times for denying court-ordered possession or access, Texas law now deems this a material and substantial change—justifying modification of conservatorship, possession, or access rights.
2. No Community Supervision for Repeat Offenders
Courts will no longer have the option to place repeat offenders on community supervision. Instead, incarceration becomes mandatory for a parent with three contempt findings connected to denying possession or access.
3. Must Compensate Denied Visitation with Doubling of Time
Courts are required to order makeup visitation unless good cause is shown. If contempt has occurred at least three times, the court must grant double the duration of the missed visits.
4. No Waiver of Attorney’s Fees
For repeat offenders, courts may no longer waive attorney’s fees and court costs. This new policy adds a financial consequence to repeated violations.
Why This Matters
Protecting Children’s Rights: The law strengthens enforcement to ensure children receive the time they’re legally entitled to—without manipulation or delay.
Deterrence for Repeat Violators: The law targets habitual interference by making consequences meaningful and escalating.
Greater Fairness for Coparenting: Providing makeup access and doubling missed time reinstitutes balance and discourages gamesmanship.
Legal Cost Accountability: Repeat offenders can’t evade financial responsibility—an important deterrent in court proceedings.
What Parents Should Know
Custodial & Noncustodial Parents: Either party could face consequences under if they repeatedly deny access.
Review Your Custody Orders: If you suspect interference or are being accused, knowing how contempt operates and your rights matters.
Document Everything: Missed pickup times, cancellations, or interference should be carefully tracked—this evidence is crucial if contempt enforcement arises.
Legal Strategy Is Key: Courts may soon require action when contempt is repeated. Whether defending against allegations or seeking modifications, having an experienced advocate is essential.
Summary
If a parent is found in contempt one or two times for denying court-ordered visitation, the court will generally require compensatory access for the other parent. However, after three or more contempt findings, the consequences become much more serious. At that point, the court must order mandatory makeup time equal to double the duration of the denied visits, modify custody or access if appropriate, prohibit community supervision in place of jail time, and require the violating parent to pay the other parent’s attorney’s fees without the option of waiver.
Need Guidance?
If you're involved in a custody or visitation dispute and are concerned about new enforcement standards, Haugen Law Firm stands ready to help.
If you're enforcing access, we’ll help ensure makeup time is ordered and rights are upheld.
If you're at risk of contempt, we’ll advocate for equitable treatment and guard against unwarranted incarceration or penalties.
Protecting your parental rights—and your child’s welfare—is what we do best.