Can Repeatedly Denying Visitation Change Custody in Texas?

The Short Answer

It can. Texas law has long allowed courts to enforce possession orders and order make-up time. Since September 1, 2025, Texas Family Code Section 156.107 also says that a new contempt finding for denying court-ordered possession or access, when the same parent has already been held in contempt at least three times for failing to follow the possession terms, is a material and substantial change in circumstances. That can support a request to modify custody. The court still has to decide that any change is in the child’s best interest.

What Counts as Denying Visitation

Texas orders use the terms possession and access rather than visitation. Denial can look like refusing to hand over the child at an exchange, not showing up, keeping the child past the end of a period, or blocking holiday or summer time the order gives the other parent. Occasional schedule problems that both parents work out are different from a pattern of refusing to follow the order.

Step One Is Usually Enforcement

A parent who is being denied possession can file a motion for enforcement in the court that issued the order. If the court finds the other parent violated the order, it can hold that parent in contempt. Texas possession orders warn that contempt may be punished by up to six months in jail, a fine of up to $500 for each violation, and a money judgment for attorney’s fees and court costs.

The court also must order additional periods of possession to make up for the denied time, unless the other party shows good cause not to. Make-up time generally must be the same type and length as the time that was denied and must occur within two years of the court’s finding. If the denying parent has already been held in contempt at least three times for denying possession of that child, the make-up time must total twice the time that was denied.

How Section 156.107 Works

Normally, a parent asking to change custody must prove that circumstances have materially and substantially changed since the last order and that the change is in the child’s best interest. Section 156.107 gives a defined way to meet the first part. It applies when the court finds the parent in contempt for denying court-ordered possession or access, and that parent has previously been found in contempt at least three times for failing to follow the possession terms of an order for that child.

When those findings exist, the law treats them as a material and substantial change that can support modifying conservatorship or possession and access. It does not require the court to change custody, and it does not decide what the new order should say. The child’s best interest still controls.

Without Three Prior Contempt Findings

Section 156.107 is one route, not the only one. A parent can still ask to modify custody under the general standard by showing a material and substantial change and that the change is in the child’s best interest. Evidence of interference with the other parent’s relationship with the child can be part of that showing, even before there are multiple contempt findings. Each case depends on its facts.

Child Support and Possession Are Separate

One parent’s failure to pay child support does not justify denying court-ordered possession, and denied possession does not justify stopping child support. Texas orders state this directly. Withholding the child over unpaid support can lead to contempt, and stopping support over denied time can too.

Practical Steps if Your Time Is Being Denied

Follow the order yourself, show up at the scheduled time and place, and stay calm at exchanges. Keep a simple written record of each denied period, along with texts or emails that confirm what happened. Avoid self-help, such as keeping the child longer to even the score. Then talk to a family law attorney about enforcement and whether a modification makes sense. If you are worried about your child’s safety with the other parent, ask the court for protection rather than withholding the child on your own.

Frequently Asked Questions

Can a parent lose custody for denying visitation in Texas?

It is possible. Under Texas Family Code Section 156.107, a contempt finding for denying possession, after at least three prior contempt findings for failing to follow the possession terms, is a material and substantial change that can support modifying custody. The court must still find a change is in the child’s best interest.

When did Texas Family Code 156.107 take effect?

Section 156.107 was added by House Bill 3181 in the 89th Legislature and took effect September 1, 2025.

Do I get make-up time if my visitation was denied?

Generally yes. Unless the other party shows good cause, a Texas court must order additional possession to make up for denied time. If the denying parent has three or more prior contempt findings for denying possession of the child, the make-up time must be doubled.

Can I stop paying child support if the other parent denies my visitation?

No. Texas orders state that refusing possession does not justify failing to pay court-ordered child support, and unpaid support does not justify denying possession.

What should I do first if the other parent keeps denying my time?

Keep a record of each denied period, keep following the order yourself, and talk to a family law attorney about filing a motion for enforcement in the court that issued your order.

Pfister Family Law helps parents in Frisco, Plano, Allen, McKinney and across Collin County enforce possession orders and seek custody modifications when the other parent will not follow the order. John J. Pfister Jr. and Jacob Jeffries are each board-certified in family law by the Texas Board of Legal Specialization. Call 972-712-6700 to schedule a confidential consultation, or learn more on our enforcement and modifications pages.