Texas’ New "Three Strikes" Visitation Law: Protecting Parents from Child Visitation Denials in DFW

Sometimes a parent refuses to follow the court-ordered possession schedule—even one they originally agreed to. In that situation, the other parent must seek legal enforcement to secure make-up parenting time. Unfortunately, enforcing a visitation order often requires paying attorney’s fees and court costs just to regain time already awarded. But as of September 1, 2025, Texas families gained a powerful tool to combat child visitation denials with the enactment of Senate Bill 2794 (S.B. 2794). This groundbreaking "three strikes" visitation law helps level the playing field for custodial and non-custodial parents alike, making repeated interference with court-ordered parenting time a escalating criminal offense—for those parents who won't follow the rules. If you're searching for help with visitation denials of children in Texas, especially in the Dallas-Fort Worth area, this new law could be a game-changer for enforcing your rights.

At Wilson Whitaker Rynell (Wilson Legal Group P.C.), our Dallas-based family law and divorce attorneys specialize in child custody disputes across Dallas County, Collin County, Denton County, Tarrant County, and surrounding cities like Dallas, Plano, Frisco, Richardson, Carrollton, McKinney, Garland, and Southlake. With decades of experience in DFW courts, we help parents document violations, seek enforcement, and secure remedies under the new law. Whether you're dealing with a co-parent who "entices or persuades" your child to skip visits or faces outright denial of possession time, our team is here to fight for your parental rights. Contact us today for a confidential consultation.

How the New ‘Three Strikes’ Visitation Law Under S.B. 2794 Affects Your Rights

S.B. 2794 amends Texas Penal Code Chapter 25 to criminalize child custody interference symmetrically, closing a previous gap that only penalized non-custodial parents. Now, any parent who knowingly interferes with the other's court-ordered possession or access—such as by withholding the child, enticing them to leave the other's custody, or persuading them to violate the order—faces graduated penalties.

Here's a breakdown of the "three strikes" structure:

• First Offense: Class C misdemeanor, punishable by a fine up to $500.
• Second Offense: Still a Class C misdemeanor, but it builds your case for escalation.
• Third Offense: Elevates to a state jail felony, with potential penalties including up to 2 years in jail and fines up to $10,000.

Beyond criminal charges, a conviction record can be leveraged in family court to modify custody arrangements, potentially shifting conservatorship or supervised visitation in your favor. This law empowers parents facing repeated visitation denials in Texas to hold violators accountable, reducing the emotional toll on children caught in the middle.

Enforcing a Custody Order in Texas: Steps to Combat Visitation Denials

Dealing with child visitation denials can feel overwhelming, leaving non-custodial parents powerless and heartbroken. But under Texas Family Code and the new S.B. 2794 provisions, you have clear pathways to enforcement. Start by:

1. Documenting Every Violation: Keep detailed records of denied visits, including dates, times, communications (texts, emails), and any excuses given. Photos, witness statements, or school records can strengthen your evidence.
2. Reviewing Your Order: Ensure your custody agreement includes specific, enforceable language about possession schedules. Vague terms weaken your position.
3. Filing for Enforcement: Petition the family court in your county (e.g., Dallas County District Court) to hold a hearing. Present a pattern of violations—not isolated incidents—to prove willful interference.

In DFW-area courts, judges prioritize the child's best interest while upholding parental rights. Our attorneys at Wilson Whitaker Rynell guide clients through this process, from initial filings to hearings, ensuring compliance with local rules in Collin County or Tarrant County.

Enforcing Your Child Custody Rights

A motion for enforcement tells the court, in plain terms, that:

1. Possession Schedule: there’s a court order that sets the parents’ possession schedule;
2. Visitation: Parent A was supposed to have the children on a specific date and time;
3. Missed Visitation: Parent B didn’t turn the children over as required; and
4. Harm: Parent A lost parenting time because of it and will keep being harmed if it continues.

People often hear about enforcement in the context of unpaid child support, but Texas law also allows quick remedies—like writs and turnover orders—to get children returned promptly (think of it like a targeted temporary restraining order (TRO) to restore possession). In practice, once an attorney gets involved, the children are frequently returned before the judge ever holds a hearing on the enforcement, writ, or TRO. The downside of that is that the court may never see the bigger picture: one parent isn’t following orders, treats the schedule as optional, and this becomes a pattern. It’s understandable that a parent may not want to keep paying lawyers once the child is back, but this new "three strike" law is will discourage repeat violations and help courts address recurring noncompliance more efficiently and effectively.

Remedies for Custody Violations and Visitation Denials in Texas

If the court finds a violation of child custody or parenting time during your motion for enforcement, the judge can order remedies such as make-up parenting time, reimbursement of missed-visitation expenses, and, in appropriate cases, a modification of the custody order. These robust remedies to help make violated parents whole and go far to deter future denials:

• Make-Up Parenting Time: Additional visitation days or weeks to compensate for lost time.
• Reimbursement of Expenses: Covering costs like travel, missed work, or therapy related to the denial.
• Custody Modification: Altering the order to grant more possession, joint managing conservatorship, or even sole custody if patterns show harm to the child.
• Contempt of Court: Fines, jail time, or community service (probation) to enforce compliance, separate from criminal charges.
• Criminal Prosecution: Referral to district attorneys for misdemeanor or felony charges on repeat offenses.

These tools not only restore your access but also send a strong message when co-parenting fails. For parents in Dallas or Plano or Frisco searching "visitation denial remedies Texas," combining civil enforcement with S.B. 2794's criminal bite maximizes results. If your co-parent simply ignores a parenting plan or custody order, you can file a motion asking the judge to hold them in contempt of court. Contempt is a powerful enforcement tool that can enforce compliance and often carries penalties such as fines, probation, jail time, all in addition to any criminal charges.