Sometimes one parent refuses to allow the other parent to see their child. This might occur even if there are custody and visitation orders in place. 

A common situation is when a parent refuses to return a child to the parent who has custody. Similarly, the custodial parent sometimes refuses to allow the other parent to visit or see the child. 

In these situations, a parent has several options. 

Enforcing Existing Orders

If one parent is not following existing custody and visitation orders, the other parent may need to ask the court to enforce these orders. Enforcement procedures for temporary or final orders are in Chapter 157 of the Texas Family Code.

TexasLawHelp.org has more information about enforcing a visitation order. They include forms and instructions for a motion to enforce visitation.

For more on enforcement proceedings, see the Enforcing a SAPCR page of our Child Custody & Support guide.

Writs of Habeas Corpus & Attachment

In family law cases, a writ of habeas corpus asks the court to:

• state that the filing parent has the right of possession to the child; and
• order the child's return to the custodial parent.

Procedures for habeas corpus in family law cases are in Chapter 157, Subchapter H of the Family Code.

A writ of habeas corpus is often filed along with a writ of attachment. Writs of attachment require a sheriff or constable to take possession of the child and return them to the other parent, the court, or an agency named by the judge.

TexasLawHelp.org has more information in their article What to do when a parent refuses to follow a court order and return a child. They include instructions and forms for filing a writ of habeas corpus.

We don’t have a custody order in place. What can we do?

Without a court order, it can be difficult to enforce visitation or custody if the parents do not agree or if one parent denies access to the child. TexasLawHelp.org has more information in their article about parents' rights when no custody orders exist.

If there are no existing custody orders in place, you may need to ask the court to issue orders. TexasLawHelp.org has several guides with forms and instructions for custody orders in different situations.

Emergency Child Custody Situations

If you believe your child is in physical danger, you should contact the police. In an emergency, dial 9-1-1. For situations involving abuse or neglect, you can contact the Texas Abuse Hotline at 1-800-252-5400.

There may be other procedures to ask the court for help in child custody emergencies. TexasLawHelp.org has a guide to temporary restraining orders and injunctions in child custody emergencies. The guide includes instructions and forms.

Talk to a Lawyer

We strongly suggest you speak to a lawyer for help deciding what to do. For more information on finding an attorney, please see the library's Legal Help page.

Related FAQs & Guides

Legal FAQs

• How can I modify my child custody or support order?
• Do grandparents have a right to see their grandchildren?

Guides

• Child Custody & Support
• Grandparents’ Rights