Motion to Enforce Custody and Visitation in Texas: When Denied Access Becomes Contempt

When Denied Visitation Becomes a Legal Action

Denied visitation — when one parent refuses to comply with a court-ordered possession schedule — is one of the most emotionally charged and frequently litigated issues in Texas post-decree family law practice. Unlike child support enforcement where the violation is purely monetary, visitation enforcement involves the parent-child relationship directly, which adds urgency and complexity to the proceedings.

This guide covers when denied visitation crosses into enforcement territory, how to plead each violation correctly, and what remedies the court can order.

The Legal Framework: §157.002 and Visitation Violations

Texas Family Code §157.002 applies to enforcement of all orders in a suit affecting the parent-child relationship — not just child support. A Motion to Enforce Possession and Access (the proper name for a visitation enforcement motion in Texas) is filed under the same statute as a child support enforcement motion, with the same specificity requirements.

However, the nature of the violations and the available remedies differ significantly from child support enforcement.

What Constitutes a Violation of a Possession Order

A violation of a court-ordered possession schedule occurs when the possessory conservator is denied their court-ordered time with the child. Common violation scenarios include:

• Refusal to surrender the child at the designated exchange time and location
• Not making the child available by claiming the child is sick, has activities, or does not want to go
• Moving without notice in a way that interferes with the other parent's access
• Interference with electronic communication if the order includes phone or video call access provisions
• Enrolling the child in conflicting activities without the other parent's consent in a way that systematically displaces possession time

Pleading Visitation Violations Under §157.002(c)

Each denied visitation period must be separately pleaded with the specific date, manner of denial, and — for access violations — the specific possession period that was denied:

Note the specificity: the exact dates of the possession period, the start and end times, the specific obligation violated, and the manner of the violation (failed to make the child available).

Available Remedies for Visitation Enforcement

Makeup Possession Time

Under §157.168, the court shall order makeup possession time as an additional remedy for denial of possession. The makeup time must be an equivalent period to the possession time denied. If your client was denied a full weekend, they are entitled to a makeup weekend in addition to any other remedies. Always request makeup time specifically in your prayer for relief.

Contempt and Incarceration

Denial of court-ordered possession can support a finding of contempt under §157.001. Each denied possession period is a separate violation that can support a separate contempt finding. For repeated, willful denial of visitation, contempt with a suspended commitment conditioned on future compliance can be a powerful deterrent.

Modification of Conservatorship

A pattern of interference with the other parent's possession rights can constitute a material and substantial change in circumstances sufficient to support a modification of conservatorship. While a single enforcement motion does not typically seek modification, documenting a pattern of interference through enforcement proceedings builds the evidentiary record for a future modification action if the interference continues.

Attorney's Fees

As with child support enforcement, §157.167 allows recovery of reasonable attorney's fees and court costs when a party is found to have violated a possession order.

The Right of First Refusal Issue

Many Texas possession orders include a right of first refusal clause — requiring one parent to offer the other parent childcare before using a third party. Violations of right of first refusal provisions can also be the basis for enforcement proceedings, though the pleading specificity requirements and remedy analysis are more nuanced.

Practical Considerations

Visitation enforcement cases are highly fact-specific and often emotionally charged. A few practical notes for Texas family law practitioners:

• Document every denied exchange with contemporaneous records — text messages, photos, witness accounts
• Send written demand for possession before filing when the pattern first emerges — this builds your certificate of conference and shows good-faith effort
• Consider a temporary restraining order if there is imminent risk of parental abduction
• Always request makeup time — it is mandatory under §157.168 and many attorneys forget to include it in the prayer