For years, parents frustrated by an ex-spouse blocking court-ordered visitation had limited recourse. Sure, they could file enforcement motions and seek contempt findings, but many custodial parents viewed the consequences as an acceptable cost of keeping children away from the other parent. That calculation has fundamentally changed with Texas’s new “Three Strikes” visitation law.
Effective September 1, 2025, Texas law now imposes escalating criminal penalties on parents who repeatedly deny court-ordered possession to the other parent. At Griffin & Cain, Attorneys at Law, our Conroe family law attorneys are helping both custodial and noncustodial parents understand this significant new law.
What the Three Strikes Law Actually Does
The Three Strikes law creates a system of escalating criminal penalties for custodial parents who intentionally deny court-ordered possession or access to the noncustodial parent:
First Offense: Class C Misdemeanor
The first conviction for denying court-ordered visitation is a Class C misdemeanor—the same level as a traffic ticket. Penalties include:
- Fine up to $500
- No jail time
- Criminal record
Second Offense: Class B Misdemeanor
A second conviction escalates to a Class B misdemeanor with more serious consequences:
- Fine up to $2,000
- Jail time up to 180 days
- Potential probation with conditions
Third Offense: State Jail Felony
A third conviction becomes a state jail felony—the most significant consequence of the Three Strikes name:
- Prison time: 180 days to 2 years in state jail
- Fine up to $10,000
- Felony criminal record
- Loss of certain civil rights
- Potential impact on custody arrangements
What Constitutes “Denial” of Possession
The law applies when a custodial parent intentionally or knowingly denies a noncustodial parent court-ordered possession of or access to a child. This includes:
- Refusing to make the child available for pickup at the court-ordered time
- Taking the child out of town to prevent visitation
- Fabricating emergencies to avoid exchanges
- Coaching children to refuse to go with the other parent
- Creating obstacles that effectively prevent possession
- Failing to return the child as ordered
What Doesn’t Count as Denial
The law recognizes that not every missed visitation is intentional interference:
- Genuine medical emergencies involving the child
- Situations where following the order would put the child at risk
- Scheduling conflicts caused by the noncustodial parent’s own actions
- The child’s voluntary refusal (though this is complex legally)
However, these defenses require documentation and can be contested. Parents who anticipate missing exchanges should notify the other parent in advance and offer make-up time.
Why Texas Passed This Law
The Three Strikes law addresses a longstanding frustration in family courts. Previously, the main remedy for custody interference was civil enforcement—filing motions asking the court to hold the interfering parent in contempt. While contempt can result in jail time, courts were often reluctant to jail a parent, particularly the primary caregiver.
The result was that some parents calculated the cost of enforcement actions as worthwhile to prevent the other parent from spending time with children. The Three Strikes law changes this calculation by:
- Creating automatic escalation with each offense
- Making interference a criminal matter rather than just civil
- Involving prosecutors rather than requiring the other parent to bear all costs
- Creating a felony record that has lasting consequences
How the Law Interacts with Existing Enforcement Options
The Three Strikes law doesn’t replace existing enforcement mechanisms—it adds to them. Parents denied court-ordered possession can still:
File a Civil Enforcement Motion
Through the family court, you can still request:
- Make-up possession time
- Contempt findings with potential jail time
- Attorney’s fees and court costs
- Modifications to the custody order
Pursue Criminal Charges
Now, you can also file a criminal complaint with law enforcement or the prosecutor’s office. The criminal case proceeds separately from any civil enforcement.
Combine Both Approaches
Many parents will pursue both civil enforcement and criminal prosecution simultaneously. The criminal case can strengthen the civil case, and vice versa.
Practical Implications for Montgomery County Families
If you’re a parent in Montgomery County, The Woodlands, or the greater Houston area, here’s how this law affects you:
For Noncustodial Parents
If your ex-spouse is blocking visitation:
- Document everything: Keep records of every denied visit, including dates, times, and what was said
- Communicate in writing: Use text messages or email so you have proof of your attempts to exercise possession
- File promptly: Don’t wait months to address ongoing interference
- Consider both paths: Civil enforcement and criminal charges serve different purposes
For Custodial Parents
If you have legitimate concerns about the other parent’s time with your children:
- Follow the court order: Unless there’s a genuine emergency, comply with the order
- Document concerns: If you believe the children are at risk, document it and seek a modification
- Don’t self-help: Taking matters into your own hands can now result in criminal charges
- Communicate: If circumstances require a change to a scheduled visit, notify the other parent immediately and in writing
Defenses to Three Strikes Charges
If you’re accused of violating the Three Strikes law, several defenses may apply:
Lack of Intent
The law requires intentional or knowing denial. If the missed visitation was due to circumstances beyond your control, this may be a defense.
Child Safety
If you had a reasonable belief that allowing visitation would endanger the child, this may justify the denial—though you should have contacted authorities rather than simply refusing to comply with the order.
Order Ambiguity
If the court order was unclear about the terms of possession, and your interpretation was reasonable, this may be a defense.
Good Faith Effort
If you made a good faith effort to comply but circumstances prevented it, and you offered make-up time, this may demonstrate lack of intentional denial.
How This Affects Ongoing Custody Disputes
Criminal charges for custody interference can significantly impact pending custody cases. Courts consider:
- A parent’s willingness to facilitate the child’s relationship with the other parent
- History of compliance with court orders
- Criminal conduct, particularly involving the children
A conviction—or even charges—under the Three Strikes law can influence:
- Who is named primary conservator
- Whether possession schedules should be modified
- Whether additional provisions are needed in the order
Frequently Asked Questions
Does the law apply if my child doesn’t want to go?
Generally, a child’s preference doesn’t excuse the custodial parent from making the child available. Courts expect parents to encourage compliance with the order. Coaching a child to refuse can itself be grounds for enforcement.
What if there’s a legitimate emergency?
Document the emergency, notify the other parent immediately, and offer make-up time. A genuine emergency is a defense, but you must be able to prove it was real.
Can I be charged even if there’s no civil enforcement case?
Yes. Criminal charges can proceed independently of civil enforcement. You don’t need to file a civil motion before pursuing criminal charges.
What if my ex filed false charges against me?
False accusations are a defense. Documentation of your compliance with the order, communication records, and witness testimony can demonstrate that visitation was not denied.
Protect Your Rights: Contact a Montgomery County Family Attorney
Whether you’re dealing with an ex-spouse who won’t follow the custody order, or you’ve been accused of interference, the Three Strikes law creates significant legal consequences. You need experienced legal counsel to protect your rights and your relationship with your children.
At Griffin & Cain, Attorneys at Law, our family law enforcement team serves parents throughout Montgomery County, Walker County, and the Houston metro area. We handle both enforcement actions for parents denied visitation and defense for parents facing accusations.
Contact us today for a free consultation. Let us help you navigate this important change in Texas family law.
