House Bill 31 81 strengthens enforcement of child custody orders in Texas

The Senate Committee on State Affairs convened on May 19, 2025, to discuss House Bill 3181, which aims to strengthen enforcement of court-ordered child custody arrangements. The bill addresses a significant gap in Texas family law regarding the repeated denial of access to children by one parent, emphasizing the need to prioritize the best interests of children in custody disputes.

House Bill 3181 proposes stricter penalties for parents who have been found in contempt of court for denying access to their children on three or more occasions. Key provisions include the potential modification of custody orders, mandatory make-up time for denied visitation, and financial repercussions that limit the court's ability to waive attorney fees for repeat offenders. The bill received unanimous support from the House Committee on Judiciary and Civil Jurisprudence and passed the full House with a vote of 135 to 6.

During the meeting, Judge Carl Hayes, who helped draft the legislation, highlighted the challenges faced by parents seeking enforcement of custody orders. He noted that many judges have too much discretion, often leading to inconsistent enforcement of court orders. Hayes argued that the bill would establish a clear public policy that values both parents' rights and the importance of maintaining relationships between children and both parents.

George Saldana, another witness, raised concerns about the financial burden placed on parents who must file multiple contempt actions to enforce their rights. He suggested that the state should allow police reports to replace the need for costly legal actions, making enforcement more accessible for working-class families.

The committee members engaged in discussions about the implications of the bill, including the potential for judges to impose jail time for repeat offenders. The conversation also touched on the complexities of enforcing custody orders across state lines, with assurances that existing laws provide mechanisms for such enforcement.

Overall, House Bill 3181 represents a significant step toward ensuring that court-ordered custody arrangements are respected and enforced, aiming to protect the well-being of children and uphold parental rights in Texas. The committee's discussions underscored the ongoing challenges within the family court system and the need for legislative action to address these issues effectively.