08 Jul What Can You Do If Your Ex Won’t Return Your Child After Visitation in Texas?
The pickup time has come and gone, your calls are not being answered, and your child is still with your ex. This is one of the most stressful situations a parent can face, and it deserves a clear, level headed response, not a rushed one.
Not legal advice. This article explains general Texas law. If your child is in immediate danger, call 911 first.
Start By Confirming What Actually Happened
Before assuming the worst, check your order for the exact time and location the exchange should happen. Delays caused by traffic, illness, or a miscommunication about pickup location happen and are usually resolved with a phone call. A pattern of late returns, refused communication, or an outright statement that your child is not coming back is a different situation, and it is the one this article addresses.
Document Everything As It Happens
Write down the date, the time the child was due back, and every attempt you made to contact your ex. Save texts, emails, and voicemails exactly as they are. If this becomes an enforcement case or, in a serious situation, a criminal matter, this record is often the most persuasive evidence you have.
Contact Law Enforcement When Appropriate
Local police are often limited in what they can do for a straightforward late return, since many departments treat this as a civil custody matter rather than a crime. That said, if you believe your child is unsafe, or your ex has stated an intent to keep the child permanently or leave the area, call the police and bring a copy of your custody order. An officer can perform a welfare check and document the encounter, which supports whatever legal step comes next.
File a Motion for Enforcement
Under Texas Family Code Chapter 157, a parent can file a motion for enforcement asking the court to enforce a specific provision of a custody order, including possession and access terms. The court that has continuing jurisdiction over your case, meaning the court that issued or last modified the order, is the one that hears this motion. If the judge finds that your ex violated the order, the court can hold your ex in contempt, which can include fines or, in serious cases, jail time, and the court can also award makeup possession time and attorney fees.
This is usually the most direct and reliable path for a parent dealing with a pattern of a custody order being ignored.
Understand When Criminal Law Applies
Texas law also makes it a crime, called interference with child custody, for a person to knowingly take or keep a child under 18 in violation of a court order. This is a state jail felony under the Texas Penal Code. Whether a specific situation results in criminal charges depends on the facts and on the local prosecutor’s decision, and it is not something a parent can guarantee will happen simply by reporting the violation. Most parents pursue the civil enforcement process described above, and reserve the criminal route for situations where a child has genuinely been taken or hidden in defiance of the court’s order.
What the Court Considers Before Granting Relief
When a judge reviews a motion for enforcement, the written record you kept becomes the center of the case. The judge will look at exactly what your order required, when the child was due back, what actually happened, and how your ex responded when you tried to reach them. A single late return with a reasonable explanation rarely results in serious consequences. A refusal to communicate, a false statement about the child’s location, or repeated violations are treated far more seriously, and they give the court more reason to order meaningful consequences, including makeup time and fees.
Do Not Take Matters Into Your Own Hands
It can be tempting to go to your ex’s home, involve family members in a confrontation, or withhold your own compliance with the order in response. None of these choices help your case, and some can backfire, especially if a judge later views your reaction as more disruptive than the original violation. The stronger move is always the documented, court supervised path.
When a Pattern Points to a Bigger Issue
If your ex has violated the possession schedule more than once, it may be time to talk with an attorney about whether the order itself needs stronger, more specific language, or whether the pattern supports a modification of the custody arrangement altogether. A vague or outdated order is easier to violate and harder to enforce than one written with clear deadlines and consequences.
Eric Navarrette is Board Certified in Family Law by the Texas Board of Legal Specialization and has been listed in Best Lawyers in America from 2016 to 2026. He has authored continuing legal education materials specifically on Texas custody hearings. Attorney Rachel Bartek brings experience from the Office of the Attorney General to the firm’s enforcement work. Navarrette Family Law represents parents throughout Denton County and the surrounding area in enforcement cases when a custody order is not being followed.
If your ex is not returning your child as scheduled, contact Navarrette Family Law today to schedule a consultation. Call (940) 243-5050.