Few things are more stressful for a parent than being kept from their child, or feeling stuck in a constant battle with the other parent over the schedule. Parenting time disputes are among the most common issues Texas family courts handle, and they can quickly become emotional, expensive, and exhausting for everyone involved, especially the children.
The good news is that Texas law provides clear tools for resolving these conflicts. Whether the other parent is ignoring your court order, you are wondering whether unpaid child support affects visitation, or you are dealing with an ex who makes every exchange a fight, understanding how the system works can help you make better decisions. Here is what Dallas parents should know about parenting time disputes and high-conflict custody cases in Texas.
When the Other Parent Will Not Follow the Possession Order
A court order setting out periods of possession and access is not a suggestion. It is a legally binding order, and both parents are expected to follow it. If you are not receiving the possession and access you are entitled to under your order, you have the right to file what is called a motion for enforcement.
A motion for enforcement asks the court to enforce your periods of possession. When a parent repeatedly refuses to comply, the court has options. It can assess penalties against the parent who is not following the order. And if that parent continues to refuse to comply with the court’s order, the court can remove some of their parenting time.
If you are being denied time with your child, it is important not to take matters into your own hands. Keep records of missed or denied visits, communicate respectfully, and talk with a family law attorney about whether an enforcement action makes sense for your situation.
Child Support and Parenting Time Are Separate Issues
One of the most common misunderstandings in Texas custody cases involves child support. Many parents believe that if the other parent is not paying support, they can stop that parent from seeing the children. That is not how Texas law works.
In Texas, a parent should not be denied periods of possession because they are not paying child support. In fact, Texas court orders specifically state in bold print that a parent may not deny periods of possession based on the fact that the other parent is not paying child support.
So what can you do if child support payments stop? The proper remedy is to go back to the court. You can file a motion for enforcement or a motion for contempt and ask the court to require that child support be paid. Withholding the children is not the answer, and doing so could put you in violation of your own court order. Keeping these two issues separate protects your children’s relationship with both parents and protects your own position in court.
How the Standard Possession Order Works
Rarely do parents agree on periods of possession for their child or children. Because of this, Texas has what is called a standard possession order. The standard possession order sets out a schedule that is presumed to be in the best interest of the child, giving each parent defined periods of time.
The standard possession order gives families a starting point and a predictable framework. When both parents can work within it, or agree to a different arrangement that works for their family, the process can move forward more smoothly.
When one parent does not agree to the possession schedule, however, a hearing will have to be held. At that hearing, the judge will determine what periods of possession should be with each parent and what possession schedule is in the best interest of the children. Coming to that hearing prepared, with a clear understanding of your child’s needs and your proposed schedule, can make a meaningful difference.
What Courts Do in High-Conflict Custody Cases
Some custody cases involve parents who simply cannot agree on anything. When there is a high-conflict matter and the parties are unable to agree on what periods of possession are in the best interest of their children, Texas courts will have to conduct a hearing.
Family courts hear high-conflict matters regularly, and they often see the same families come back again and again because the parents have been unable to agree. Judges understand that conflict takes a toll, but their patience is not unlimited.
At some point, the court will enter its own order and will no longer defer to the parents to decide what is in the best interest of their children if they are unable to work it out on their own. In other words, if parents cannot cooperate, they risk losing much of their say over the schedule. That is one of the strongest reasons to try to resolve disputes reasonably whenever possible, and to work with an attorney who can help you present your position clearly when agreement is not possible.
Practical Tips for Co-Parenting With a High-Conflict Ex
It is hard to co-parent with a high-conflict ex. You cannot control the other parent’s behavior, but you can control your own. A few guiding principles can help you protect your children and yourself.
Put your children first. Every decision should start with what is best for your kids. A helpful reminder is to love your children more than you dislike your ex.
Try to be the bigger person. Not every comment deserves a response, and not every disagreement needs to become a fight. Aim for communication that is as amicable as possible.
Communicate in writing. When friendly communication is not possible, written communication creates a clear record of what was said and agreed to. Keep your messages pleasant and focused on the children.
Avoid threats. Even in frustrating moments, never communicate threats of any kind. Statements made in anger can be used against you later.
Steer clear of social media. Posting about your ex, your case, or your frustrations online rarely helps and can create problems in court. The safest approach is to keep your custody dispute off social media entirely.
These habits do more than reduce stress. They also show the court that you are the parent focused on the children’s well-being, which matters when a judge is deciding what is in their best interest.
Protecting Your Relationship With Your Children
Parenting time disputes can feel overwhelming, but you do not have to face them alone. Texas law gives parents real options, from motions for enforcement when an order is ignored to hearings that establish a fair possession schedule. Understanding those options, keeping child support and parenting time separate, and handling conflict with patience and care can help you protect what matters most: your relationship with your children.
If you are dealing with a parenting time dispute or a high-conflict custody case in Dallas, the family law team at Balekian Hayes Family Law can help you understand your rights and choose the right next step for your family.
