Texas’ New "Three Strikes" Visitation Law Goes Into Effect
As of September 1, 2025, several new laws went into effect across the state of Texas. In particular, new changes to family law now help to protect the rights of non-custodial parents, allowing for greater enforcement of existing custody orders. If you have any concerns about how these laws will impact your visitation schedule, reach out to a Houston, TX child custody lawyer for help.
At The Cusic Law Firm, P.C., we have experience representing parents in disputes over conservatorship. Attorney Dessirary W. Cusic has over 30 years of experience in family law, so you can trust our firm to address your concerns with care.
How the New ‘Three Strikes’ Law Affects Visitation Rights
The new visitation law under S.B. 2794 makes it a criminal offense for a custodial parent to infringe on a non-custodial parent’s visitation. Previously, the law only punished non-custodial parents for interfering with a custodial parent’s time with the child. A parent who "entices or persuades" a child to leave the custody of the other parent can be charged with a Class C misdemeanor. On a third offense, it becomes a state jail felony, which carries up to two years in jail.
Additionally, if a parent is convicted of custody interference three times, that record could be used against him or her in custody proceedings.
How Can I Enforce a Custody Order in Texas?
It can be distressing when your co-parent refuses to honor your custody agreement. In many cases, non-custodial parents are made to feel powerless when their rights are flagrantly violated by the custodial parent.
If you want to enforce a visitation order, you should begin by documenting each violation of your rights to parenting time. You should review your custody order to make sure that it contains clear language about when you can see your child. Once you have compiled evidence of the violations, you can ask a family judge to enforce the court order. You should come prepared to show a pattern of violations, not just a one-time failure.
What Remedies Are Available for Custody Violations?
If the court finds that a parent’s custody rights have been violated, the judge can call for different kinds of relief. In many cases, the court will award extra parenting time to make up for the violations. The court can also order the offending parent to reimburse the non-custodial parent for his or her lost expenses from missed visitation. In some cases, it may even be appropriate to request a modification to the underlying custody order.
You can also request to hold your co-parent in contempt of court for violating a parenting time order, in addition to any criminal charges the parent faces. Contempt of court is frequently used as a measure to get a parent to comply with the court order through the possible threat of fines or jail time.
Contact a Houston, TX Visitation Attorney Today
As a non-custodial parent, you have rights that must be respected. With the new changes to visitation laws, you may have a greater ability to fight back against willful custody violations. At The Cusic Law Firm, P.C., our Harris County, TX child custody lawyers can help to enforce your rights. Call our offices at 713-650-1866 to schedule a free consultation.