How to Enforce a Custody Order in El Paso, Texas

You have a court order that says when you get time with your child, and the other parent isn't following it. If you need to enforce a custody order in El Paso, Texas courts have real tools to help.

Common Custody Order Violations

The most frequent problems we see include:

• denying or repeatedly canceling scheduled possession time

• not showing up at the agreed exchange location or time

• keeping the child past the end of their possession period

• blocking phone or video contact that the order allows

• making major decisions alone when the order requires both parents to agree

  
  

Step One: Document Everything

Enforcement cases rest on records. A Texas motion for enforcement has to identify each violation specifically: the part of the order that was violated, the date, and what happened.

Start keeping:

• a written log of every missed or denied visit, with dates and times

• screenshots of texts, emails, and co-parenting app messages

• notes on who was present at failed exchanges

Keep your own communication calm and in writing. Whatever you send may end up in front of a judge.

What Not to Do

Two mistakes come up often, because people treat visitation and child support as a trade:

• Don’t withhold child support because visitation was denied. In Texas, support and possession are separate obligations, and stopping payments can put you in violation of the order too.

• Don’t keep the child past your time to “make up” for what you lost. Self-help usually hurts your case.

Filing a Motion for Enforcement

Enforcement is generally filed in the same court that issued the original order. After the motion is filed, the other parent is served and the court sets a hearing.

If the court finds the order was violated, possible outcomes include:

• Contempt of court, which can include fines or jail time for each violation

• Additional possession time to make up for what was missed

• Attorney’s fees and court costs paid by the parent who violated the order

• Clarifying the order if its language is vague and causing repeated disputes

When Enforcement Isn’t Enough

Sometimes repeated violations point to a bigger problem. The schedule might not work anymore, or one parent’s actions might be harming the child’s relationship with the other parent. In those cases, it may make sense to file a modification along with enforcement and ask the court to change the order itself.

What About Unpaid Child Support?

Child support has its own enforcement tools. Unpaid support can be confirmed as a judgment with interest, collected through wage withholding, or pursued through the Texas Office of the Attorney General’s Child Support Division. A private attorney can often move faster on a specific case.

Cases That Cross the State Line

If the other parent moved to New Mexico, a Texas order can still be enforced. Custody orders from one state can be registered and enforced in the other. Carlos Quiñonez is licensed in both Texas and New Mexico, so you can work with one attorney on both sides of the line.

Get Help Enforcing Your Order

Every missed weekend is time with your child that you don’t get back. If your custody or support order isn’t being followed, or if an enforcement action has been filed against you, call Quiñonez Law Firm at (915) 533-0009 to talk through your options. Hablamos español. Learn more about our custody and family law services, or read our Texas custody guide for fathers.

This article is general information, not legal advice. Every case is different.