Enforcing a Possession Order in Texas: What to Do When an Ex Withholds Visitation
When a Texas co-parent illegally withholds visitation, you can file a Motion for Enforcement or a Writ of Habeas Corpus to get your child back. You cannot legally withhold visitation just because child support is unpaid.
Few things are more heartbreaking and infuriating than showing up to pick up your child for your weekend, only to have your ex-spouse refuse to open the door. When a co-parent intentionally violates a Texas court order and withholds your visitation (Possession and Access), they are breaking the law. Some parents mistakenly believe they can withhold a child if child support is not paid. This is absolutely false in Texas. Under Tex. Fam. Code § 154.011 and Tex. Fam. Code § 153.001(b), the duty to pay support and the right to see your child are completely separate legal issues. If your ex is playing games with your custody time, the law provides aggressive remedies to get your child back and punish the violating parent. You can find an experienced Texas family lawyer in our US Lawyer Directory to help you enforce your rights.
Step-by-Step Legal Remedies for Withheld Visitation
You must resist the urge to take matters into your own hands. Do not break down doors or cause a public disturbance. You must use the court system to enforce your order properly.
Step 1: Keep Records and Attempt the Exchange
Before a judge will punish your ex, you must prove you actually tried to get your child. Even if you know your ex will not be there, you must physically show up at the exact time and location stated in your court order. Buy a small item, like a pack of gum, at a nearby gas station to get a time-stamped receipt proving you were in the area. Send a polite text stating, "I am here to pick up our child as ordered." Save their response as evidence.
Step 2: Police Involvement at Custody Exchanges
If your ex refuses to hand over the child, you can call the local police to request a civil standby. The police can read your certified court order and ask the other parent to comply. However, police are generally hesitant to forcefully remove a child without a specific emergency court order, usually stating, "This is a civil matter for family court." Getting a police report documenting the refusal, however, provides excellent evidence for your lawyer.
Step 3: Suing for Contempt of Court
Under Tex. Fam. Code § 157.001, you can file a Form FM-AV-100, Texas, District Court, Motion to Enforce and for Contempt. You will file this at the court of continuing jurisdiction, such as the Dallas County Family District Court, Dallas or the El Paso County Family District Court, El Paso. If the judge finds your ex in contempt of court for violating the order, they can be heavily fined, placed on community supervision, or even thrown in the county jail for up to 6 months per violation.
Step 4: Requesting Makeup Time
In addition to punishing the other parent, you want your lost time back. Under Tex. Fam. Code § 157.168, courts have the statutory authority to award makeup visitation. When filing for enforcement, your attorney will specifically ask the judge to grant you additional weekends or summer days to fully compensate for the time that was illegally withheld.
Step 5: Filing a Writ of Habeas Corpus
If your ex has essentially kidnapped the child and refuses to return them after their own weekend, you need an immediate emergency remedy. Under Tex. Fam. Code § 157.371, you can file a Form FM-FH-AV-101, Texas, District Court, Petition for Writ of Habeas Corpus. This powerful legal tool commands the other parent to physically bring the child to the courthouse immediately so the judge can return the child to the rightful conservator.
How Much Does Enforcement Cost?
Fighting back against a non-compliant parent involves legal fees, but Texas law helps protect victims of withheld visitation:
- Filing Fees: Filing an enforcement motion costs roughly $50 to $100.
- Attorney Fees: Lawyers typically charge a $2,500 to $5,000 retainer. However, under Texas law, if the judge finds the other parent guilty of contempt, the judge MUST order the guilty parent to pay your attorney fees and court costs.
How Long Does the Process Take?
A Writ of Habeas Corpus is an emergency action and can be heard by a judge in a matter of 1 to 5 days. A standard Motion for Enforcement for missed weekends usually gets a court date within 3 to 6 weeks, depending on the county docket.
Enforcement vs. Habeas Corpus
| Legal Tool | Primary Goal | Speed of Resolution |
|---|---|---|
| Motion for Enforcement | Punish the ex with jail/fines, get makeup time, recoup attorney fees | 3 to 6 weeks |
| Writ of Habeas Corpus | Immediate emergency return of the child to the lawful parent | 1 to 5 days |
Frequently Asked Questions (FAQ)
Can I withhold visitation if my ex stops paying child support?
No. Under Tex. Fam. Code § 154.011, child support and visitation are completely separate. If you withhold your child because a support check bounced, you can be sued for contempt of court and sent to jail.
What if my child says they do not want to go with the other parent?
As the parent, you are legally obligated to encourage the visit and physically make the child available. Unless there is an immediate threat of severe physical abuse, a child's refusal to go is not a valid legal excuse for withholding visitation.
Can I stop paying child support if my ex hides the child from me?
No. You must continue paying child support through the state registry. If you stop paying in retaliation, you will face your own enforcement lawsuit and risk jail time for non-support.
Will the judge really send my ex to jail for withholding visits?
Yes. Texas judges have no tolerance for parents who play games with court orders. While a first offense might result in probation and fines, repeat offenders routinely spend time in the county jail for contempt.
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