Disputes over parenting time can become heated—and if you don’t have a formal court order in place, there’s no way to enforce your time with your child. Many parents wonder if they have the right to keep a child away from the other parent without going to court. In Texas, the answer depends on whether there’s an existing court order and what the law considers “possession” and “access” to a child.
What Happens When No Court Orders Exist
If you and your child’s other parent never married and no court has issued a custody or visitation order, both of you technically have equal rights to your child. That means either parent can have physical possession of the child, and there’s no set schedule dictating when each parent should have time.
However, that doesn’t mean one parent can legally block the other from seeing their child. While the law doesn’t restrict either parent’s time (yet), keeping the child away for extended periods or refusing all contact is problematic if you later go to court. A judge may view this behavior as acting against the child’s best interests—a key standard in all custody decisions under Texas Family Code §153.002.
If you’re married but separated and there’s no court order, both parents also share equal rights and duties toward the child. You both have the legal right to decide where the child lives and make important decisions about their care.
“Possession Interference”
“Possession” and “access” refer to physical custody and visitation rights. Once a court order is in place, each parent must follow its terms. Interfering with the other parent’s time can have serious consequences, including possible criminal charges.
When there’s no court order, this law doesn’t apply. However, that doesn’t mean it’s a good idea to keep the child from the other parent. Judges tend to favor parents who support the child’s ongoing relationship with both parents, unless there’s a legitimate reason to limit contact. Those reasons are usually abuse, neglect, or substance misuse.
If you withhold the child without cause, your child’s other parent can file a suit affecting the parent-child relationship to ask for a formal custody determination.
When Is It Justified To Keep a Child Temporarily?
There are limited situations where you may need to keep your child from the other parent, even without a court order. Texas law recognizes that a parent must protect a child’s immediate safety. If you have reason to believe your child would be harmed (for example, in cases of physical abuse, sexual abuse, or serious neglect), you can take temporary protective measures.
In these cases, you should contact law enforcement or Child Protective Services and file for an emergency order as soon as possible. Texas courts can issue temporary restraining orders or emergency custody orders to protect a child. These orders can restrict the other parent’s access until a judge holds a hearing.
Note that withholding a child without a valid safety concern can backfire in court later. Judges consider both parents’ willingness to co-parent and facilitate contact. Acting unilaterally without legal support may suggest you’re trying to control the situation, rather than protecting your child.
How To Protect Your Rights and Your Child
If you’re in a dispute over parenting time and there’s no existing order, working with an experienced family law attorney is the best way to create a clear, enforceable arrangement. The court can determine:
- Which parent will have the right to decide the child’s primary residence
- A schedule outlining when each parent spends time with the child
- Rights and duties, like making educational or medical decisions
- Child support, if applicable
Once these orders are in place, both parents must follow them. If one parent refuses to comply, you can file a motion for enforcement. Then, the court can impose penalties, which are usually fines, make-up time, or even contempt charges.
Get Help From Experienced Texas Family Law Attorneys
If you’re facing a situation like this, Huckaby Hicks PLLC can help you understand your options and work toward a solution that protects your relationship with your child.