For decades, parents who were denied their court-ordered custody time had one real option: file a Motion to Enforce in family court, attend a hearing, and hope the judge would impose meaningful consequences. The process was slow, expensive, and often ineffective because the most common remedy was makeup time, which the other parent could ignore just as easily as the original order.
That changed on September 1, 2025, when SB 2794 took effect. Under this law, a parent who intentionally denies court-ordered possession three or more times within a 24-month period can face criminal charges, specifically, a state jail felony punishable by 180 days to 2 years in state jail and up to $10,000 in fines.
At Griffin & Cain, Attorneys at Law, we have already seen this law shape behavior in Montgomery County custody cases. If you are being denied your court-ordered time with your children or if you are a custodial parent concerned about compliance call us today. Understanding this law is critical for every co-parent in Texas.
How the Three Strikes Law Works
SB 2794 created a new criminal offense under Texas Penal Code §25.04. A person commits the offense of repeated violation of certain court orders if the person intentionally or knowingly violates a condition of a court order providing for the possession of or access to a child, and the person has been found in contempt of court for violating that same order at least twice in the preceding 24 months.
The three elements are specific and sequential. First, you must have a valid court order governing possession and access. Second, the other parent must have been held in contempt for violating that order at least twice within a 24-month period. Third, the third violation must be intentional or knowing, meaning the parent was aware of the court order and deliberately chose not to comply.
The offense is classified as a state jail felony. Upon conviction, the penalties include confinement in a state jail facility for 180 days to 2 years, a fine of up to $10,000, a permanent felony criminal record, and potential impact on future custody and possession determinations.
What Counts as a "Violation" Under This Law?
Any intentional failure to comply with the possession provisions of a court order can constitute a violation. Common examples include refusing to surrender the child at the court-ordered exchange time, failing to return the child at the end of a possession period, withholding the child during a holiday or weekend designated for the other parent, preventing phone calls or FaceTime during the other parent's access periods, and leaving the jurisdiction with the child during the other parent's scheduled time.
The violation must be found in a contempt proceeding which means you must file a Motion to Enforce, attend a hearing, and obtain a court finding that the other parent was in contempt. A text message argument does not count. A late pickup by 15 minutes does not count. The court must formally adjudicate each violation through the enforcement process.
The Strategic Importance of Filing Enforcement Early
Here is where the practical significance of the three strikes law becomes clear: the two prior contempt findings do not happen automatically. They require the denied parent to file enforcement actions, attend hearings, and obtain formal court findings. Many parents skip this step because they view enforcement as costly and time-consuming and they are right, it can be. But under SB 2794, each contempt finding becomes a building block toward criminal consequences.
If your co-parent denied your Thanksgiving possession in 2025 and you did nothing, that violation is unrecorded. If they denied your Christmas possession and you filed enforcement and obtained a contempt finding, that is strike one. If they deny your spring break in 2026 and you obtain a second contempt finding, that is strike two. The third violation triggers potential felony prosecution.
The lesson is simple: document every violation and file enforcement for the serious ones. You do not need to file enforcement for every minor disagreement. But systematic, intentional denial of your court-ordered time should be formally challenged because the record you build today determines the leverage you have tomorrow.
How This Law Affects Custodial Parents
If you are the custodial parent, SB 2794 is a serious warning. Well-meaning parents sometimes withhold children based on concerns that are not legally sufficient the child does not want to go, the other parent's new partner is "not a good influence," or the child has homework. None of these are valid reasons to deny court-ordered possession.
If you have legitimate safety concerns documented substance abuse, active domestic violence, abuse or neglect you should file for an emergency modification or protective order through the family court, not unilaterally deny possession. Taking the law into your own hands by withholding the child exposes you to contempt, enforcement, and now potentially felony charges.
The proper course of action is always to comply with the existing order while simultaneously seeking a court modification through proper channels. Our attorneys at Griffin & Cain can help you file a modification, a protective order, or a CPS-related action if the safety of your child is genuinely at risk.
Can the Denied Parent File Criminal Charges Directly?
No. SB 2794 creates a criminal offense, but it does not allow the denied parent to file criminal charges. Criminal prosecution is handled by the District Attorney's office. After the third violation, the denied parent can report the offense to law enforcement or the DA, but the decision to prosecute rests with the state.
In Montgomery County, the District Attorney's office has historically been reluctant to prosecute custody interference as a criminal matter preferring to leave it in the family courts. SB 2794 may change that calculus, particularly in cases with clear, well-documented contempt findings and a pattern of deliberate interference. But the denied parent should not rely on criminal prosecution alone. Continue pursuing civil enforcement remedies makeup time, attorney's fees, modified possession, and expanded rights — while the criminal process runs its parallel course.
Documenting Violations: What the Court Wants to See
Successful enforcement actions depend on documentation. For each alleged violation, you should preserve text messages or emails showing the scheduled exchange time and the custodial parent's refusal or failure to comply. Keep a log of every denied or shortened possession period with dates, times, and witnesses. Save screenshots of any social media posts showing the child with the custodial parent during your scheduled time. Obtain police reports if law enforcement was called to the exchange location. Keep copies of all prior contempt findings and enforcement orders.
Present this evidence through your attorney in a clear, chronological format. Judges in Montgomery County's 284th, 410th, and 418th District Courts respond to organized, well-documented enforcement petitions. Emotional testimony without documentary support is far less persuasive.
Protect Your Rights, Start Building the Record
SB 2794 fundamentally changed the calculus for parents who deny court-ordered possession. For the first time, repeated interference carries criminal consequences — not just civil remedies. But those consequences only activate when the denied parent has done the work of filing enforcement and obtaining contempt findings.
If your co-parent is systematically denying your possession time, Griffin & Cain can help you build the record, file the enforcement actions, and pursue every remedy available, civil and criminal. Call us today for a free consultation. We serve families in Conroe, The Woodlands, Magnolia, Willis, Huntsville, and throughout Montgomery and Walker County.
