When it comes to custody, many custodial parents wonder whether a legal guardian can deny visitation to the non-custodial parent. In most cases, non-custodial parents have visitation rights and you must follow the visitation schedule or parenting time ordered by the court.
As the custodial parent, you are expected to make sure visits happen unless there is a rare and serious reason not to. Starting September 1, 2025, penalties for blocking visitation will increase.
Texas Senate Bill 2794: “The Three Strike Rule”
Earlier this year, Texas legislators passed SB 2794 to increase penalties for custodial parents or guardians who interfere with visitation or parenting time.
Under this law, a parent breaks the rules if they intentionally interfere with the other parent’s lawful custody of a child under 18. This can also include encouraging or persuading the child to leave the custody of the other parent or a person acting as the parent.
Penalties for Violating the Three Strike Rule
The first and second violations may be charged as Class C misdemeanors, which are the lowest-level misdemeanors. They usually come with a fine of up to $500 but no jail time.
At the third attempt or instance of custodial interference, the penalty is increased to a state jail felony. You may also face felony charges on the first incident of interference if you “enticed or persuaded” the child to leave the state.
The penalty for a state jail felony is confinement in the state jail for at least 180 days up to 2 years. You may also face a fine of up to $10,000.
Exceptions to SB 2794
If you are in a high-conflict divorce or co-parenting situation, this new law can feel worrying, especially if you have real concerns about your child’s safety or well-being. The general rule is that you must follow the custody order and allow the other parent to take lawful custody of the child. There can be legal consequences for breaking a custody order.
However, if you believe your child is not safe, you need to take the right steps to protect them. If you have an immediate fear for their safety, you should call the police.
If the situation is urgent but not an emergency, you should talk to a lawyer or contact the court. You may need to file for a protective order or a temporary custody order that legally lets you keep the child with you until the court reviews the case.
Even under SB 2794, parents can take legal steps to protect their child if visitation would put the child’s safety or well-being at risk.
Reasons a Court May Allow You to Deny Visitation
You may be able to get a protective order or custody modification when there is clear evidence that:
- the child’s physical or emotional safety is at risk,
- the other parent’s home is unsafe,
- there is a real threat of abduction, or
- the other parent is behaving in a dangerous or reckless way.
Texas House Bill 2495: School Decision Assignment
HB 2495 also went into effect on September 1, 2025, and affects Chapter 153 of the Texas Family Code. It clarifies who has the right to choose and enroll the child in school.
- A sole managing conservator keeps the right to pick the child’s school.
- In joint conservatorships, the court must assign one parent the exclusive right to make this decision.
The judge will choose based on the child’s best interests, including school location, community support, and the child’s needs. The goal is to provide more stability in educational decisions.
Texas Senate Bill 2052 Changes Requirements for Non-Parent Relationships
The Texas SB 2052 was signed into law on May 28th of 2025. This further supports parental rights, operating on the assumption that parents will act in their child’s best interest. If a non-parental adult is seeking conservatorship, possession, or access to a child, they must follow a new process and meet different requirements, including:
- They must file an affidavit with their pleading attesting to the fact that denying access would threaten the child’s well-being or otherwise result in substantial harm.
- Changes the evidentiary threshold to clear and convincing evidence that denying their request will threaten the well-being of the child. This is an increased standard compared to the previous best interest standard
Further, the bill states that when modifying suits between a parent and non-parent, the non-parent must continue to meet the standard of clear and convincing evidence to show that the parent is not acting in the child’s best interest.
Non-parents can no longer rely on a prior order granting access if the parent willingly agreed to it. These changes will impact any newly filed or pending cases after September 1, 2025.
SB 2052 sets higher standards for non-parents seeking custody or visitation, requiring clear and convincing evidence that denying access would harm the child.
What These Changes Mean for Texas Parents
Overall, these updates are positive for Texas parents. They bring:
- clearer rules for school decisions,
- stronger protections against interference with parenting time, and
- more certainty for parents facing custody challenges from non-parents.
If a non-parent does not meet the new affidavit or evidence requirements, their case will likely be dismissed.
Next Steps
If you are facing a custody issue or have concerns about how these new laws affect your situation, it’s important to speak with an experienced attorney.
Our team at Terry & Roberts stays up to date on all changes in Texas custody law and can guide you through the process. We help parents understand their rights, protect their children, and take the right legal steps to ensure safe and lawful custody arrangements. Contact us today.