Texas Divorce Attorney Blog
In Texas, court-ordered possession and access provisions are not advisory. They are binding orders, and repeated violations can carry significant legal consequences. A recent legislative change strengthens those consequences. House Bill 3181 creates a statutory “three strikes” framework that directly links repeated contempt findings for denying visitation to the potential loss of primary custody.
Enforcement of Possession and Access Orders
Texas courts possess broad authority to enforce possession and access provisions contained in divorce decrees and orders affecting the parent-child relationship. When a parent refuses to comply with an existing visitation order, the other parent should file a motion for enforcement, and the trial court may impose contempt sanctions, including fines, jail time, and attorney’s fees. Tex. Fam. Code § 157.001; Tex. Fam. Code § 157.166.
This is a crucial step in documenting non-compliance for purposes of utilizing the “three strikes rule.” Historically, these enforcement remedies were largely discretionary. Courts could order make-up visitation, impose penalties, or suspend incarceration through community supervision. Tex. Fam. Code § 157.165.
A parent seeking to modify conservatorship typically had to establish that circumstances had “materially and substantially changed” since the entry of the prior order. Tex. Fam. Code § 156.101. Repeated non-compliance wasn’t an automatic “material and substantial change.” That standard often required extensive evidence and litigation.
HB 3181 and the “Three Strikes” Rule
House Bill 3181 alters that framework by tying repeated visitation violations directly to the modification standard. The Legislature added Section 156.107 to the Texas Family Code. Under that provision, when a conservator is found in contempt for denying court-ordered possession or access and has previously been found in contempt at least three times for the same conduct, the pattern itself constitutes a “material and substantial change of circumstances.”
Reduced Judicial Discretion for Repeat Violations
HB 3181 also limits the court’s ability to impose lenient sanctions for repeated violations.
Once the “three strikes” threshold has been crossed, courts no longer have the same discretion to suspend jail time or treat the violation as a minor compliance issue. The statutory amendments are intended to ensure that possession orders are treated as enforceable court directives rather than negotiable parenting preferences.
Implications for Texas Parents
The implication for Texas parents is clear: A parent who repeatedly denies court-ordered visitation risks far more than enforcement sanctions. After three contempt findings, the court may treat the pattern of violations as sufficient grounds to revisit conservatorship entirely, including the potential transfer of primary custody.
Connect with a Texas Child Custody Lawyer
The child custody law attorneys at McClure Law Group regularly represent clients in enforcement and modification proceedings throughout Texas and advise parents facing complex custody disputes. Call our team today at (214) 692-8200.