Specialty tag(s): Child Custody, Modification and Enforcement
Karen Bryson | October 3, 2025
When a child custody agreement is not being followed, it can be frustrating and disruptive to your entire family’s routine. Texas courts treat custody orders seriously, but knowing the best way to respond when yours isn’t followed can help you protect your child and maintain stability. Whether you’re dealing with repeated schedule violations or more severe issues, it’s important to understand your legal rights and next steps.
Parents dealing with custody agreement violations for the first time can often feel overwhelmed by the situation. Stress, anxiety, and several other emotions can understandably make it difficult to think straight, and many parents are at a loss for how to move forward. If you find yourself in this situation, there are two things you must do before taking any other actions.
Reviewing your current custody agreement should be your first step. It’s important to make sure the agreement clearly outlines the obligation you believe has been violated. Many issues stem from misunderstandings, so clarifying the language may resolve the problem without the need for legal action. It is equally important that you fully understand and are complying with your own obligations under the Order.
If you feel safe doing so, reach out to the other parent. In some cases, a simple conversation can resolve the issue. Make sure you both clearly understand the terms of the child custody order and that they are aware that their actions are violating those terms. Discussing solutions with your co-parent is a great step forward in attempting to resolve violations.
Sometimes the situation could involve an uncommunicated change in circumstances, like a change in your co-parent’s work schedule. In this example, that parent may no longer be able to meet at the exchange location at 6:00 p.m. and this has resulted in that parent being perpetually late for exchanges. Due to this change, that parent now needs to meet at 6:45 p.m. instead of 6:00 p.m. If this adjustment also works for you, both parents can agree, preferably in writing, to change the exchange time on certain days to accommodate the work schedule change without needing additional court involvement. While this may not match the exact wording of your current orders, parents are often able to mutually agree on small modifications to accommodate minor changes in circumstances. It is recommended to commemorate any agreed upon changes to the Order in writing (i.e. email exchanges or signed agreements by both parties to change the terms of the Order).
If reviewing the custody order or speaking with your co-parent does not resolve the issue, you have two main legal options: filing to enforce the custody agreement or requesting a modification of the custody agreement.
One of your legal options if a custody agreement is not being followed is to file an enforcement action. This legal process asks the court to compel the other parent to comply with the existing order. It is your burden to prove to the Court that the other parent is in fact violating the current orders and if proven, without a reasonable explanation from the other parent, then the Court can Order that the other parent comply with the current orders and impose consequences, like ordering that the other parent pay the cost of your attorneys fees to bring the Enforcement Action.
It will your burden to prove to the Court that the other parent is in fact violating the current orders and if proven, without a reasonable explanation from the other parent. To successfully enforce a custody agreement, you’ll likely need documentation demonstrating the violation and the attempts to resolve the violations such as emails, text messages, photographs, police reports, proof of missed or multiple late exchanges or other documentation. These records should clearly show that the other parent failed to uphold their responsibilities under the order and they were made aware of these violations before you filed a Enforcement Action.
Sometimes, the terms of the original agreement may no longer suit your family’s needs. In these cases, a custody agreement modification may be more appropriate than enforcement. For example, if a parent’s work schedule has changed or if there are concerns about the child’s well-being, a court may grant a modification of a custody agreement to reflect the current situation.
Custody agreement modification should be considered if:
Texas courts favor solutions that support a child’s best interests. However, if a parent fails to follow the established custody agreement, the court can impose significant consequences, such as:
If you’re dealing with a custody agreement that isn’t being followed, it’s important to take the right steps to protect your child’s well-being. Family law attorney Karen Bryson can help you understand your legal options and choose the path that supports your family’s needs. Contact Goranson Bain Ausley today to schedule a consultation.
Our attorneys are experienced in all aspects of family law and will guide you through each step of the process, ensuring you have the information you need to make wise decisions and prepare for the future.
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