Texas has enacted a sweeping family law overhaul that makes repeated interference with court-ordered parenting time a criminal offense. Under companion bills HB 3181 and SB 2794, effective September 1, 2025, a parent found in contempt three or more times for denying visitation faces mandatory custody modification and potential state jail felony charges carrying up to 2 years in prison and $10,000 in fines.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Texas legislature passed HB 3181 (civil) and SB 2794 (criminal) creating a "three strikes" system for visitation interference |
| Effective date | September 1, 2025 |
| Who is affected | All Texas parents subject to court-ordered possession schedules |
| Key statutes | Tex. Fam. Code § 156.107 (new), Tex. Fam. Code § 157.165, Tex. Penal Code § 25.03 |
| Criminal penalty | Third offense elevated to state jail felony: up to 2 years in jail, $10,000 fine |
| Other major changes | Child support cap raised 27% to $11,700/month; expanded standard possession order becomes default |
How the Three Strikes System Works
The new law creates a two-track enforcement system that addresses visitation interference on both the civil and criminal side. This is the most aggressive anti-alienation legislation any U.S. state has enacted to date.
On the civil side, HB 3181 adds Tex. Fam. Code § 156.107, which provides that three or more contempt findings for denying court-ordered possession automatically constitute a "material and substantial change of circumstances." That language matters because it eliminates the highest procedural hurdle in custody modification cases. Previously, the parent seeking modification had to independently prove changed circumstances before a court would even consider adjusting custody. Now, the contempt findings themselves satisfy that requirement.
The civil consequences after three strikes are mandatory, not discretionary:
- The court must grant the denied parent double the duration of missed parenting time as makeup visits
- Community supervision (probation) is no longer available as an alternative to incarceration for the violating parent
- The court must order the violating parent to pay the other side's attorney's fees, with the previous option to waive fees eliminated
On the criminal side, SB 2794 amends Tex. Penal Code § 25.03 with a critical change: it removes the word "noncustodial" from the interference statute. Previously, only noncustodial parents could be charged with interference. The amended statute applies symmetrically to both custodial and noncustodial parents.
The penalty escalation under the criminal track follows a clear progression. A first offense is a Class C misdemeanor with a fine up to $500. A second offense remains a Class C misdemeanor but builds the criminal record. A third or subsequent offense is elevated to a state jail felony, carrying 180 days to 2 years in a state jail facility and fines up to $10,000. The statute also elevates to state jail felony status any offense where the child is enticed across state lines, regardless of the number of prior offenses.
Texas Child Support Cap Increases 27%
The legislature simultaneously passed C.S.H.B. 2643, which raises the monthly net resources cap under Tex. Fam. Code § 154.125 from $9,200 to $11,700 per month. This is the largest adjustment to the cap in over two decades and represents a 27% increase.
The guideline percentages remain unchanged, but the maximum monthly support obligations increase substantially:
- 1 child (20% of net resources): $2,340/month, up from $1,840
- 2 children (25%): $2,925/month, up from $2,300
- 3 children (30%): $3,510/month, up from $2,760
The new law also ties the cap to the Consumer Price Index, with the Office of the Attorney General required to recalculate the figure every 6 years and publish updates in the Texas Register. The Attorney General published the $11,700 figure in the Texas Register on August 15, 2025. Existing child support orders do not automatically adjust; a modification petition is required.
Additional Changes Taking Effect September 1, 2025
Several other bills from the 89th Legislature session reshape Texas family law practice.
HB 2350 tightens standing requirements for non-biological parents by amending Tex. Fam. Code § 102.003. The standard changes from "actual care, control and possession" to "exclusive care, control and possession," a significantly higher threshold. A stepparent living with the child and the biological parent likely cannot meet this elevated standard. The bill also eliminates stepparent death standing previously available under Tex. Fam. Code § 102.002 and requires a certified birth certificate to be filed with any custody petition.
SB 1559 requires protective orders involving family violence to be consolidated into any pending divorce or child custody case between the same parties. Previously, protective orders were handled in a separate court, meaning the family court judge making custody decisions might not have full access to domestic violence evidence. This consolidation gives judges a more complete picture when determining parenting arrangements.
SB 1936 makes the Expanded Standard Possession Order the automatic default when parents live within 50 miles of each other. Parents previously had to affirmatively elect the expanded schedule. Courts may deviate only when geography is impractical or the noncustodial parent has not been consistently involved.
HB 1151, signed May 28, 2025, amends Tex. Fam. Code § 161.001 to enumerate conditions that cannot serve as the sole basis for termination of parental rights. These protected decisions include homeschooling, declining immunizations for reasons of conscience, seeking multiple medical opinions, and allowing age-appropriate independent activities.
Practical Takeaways
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Document every visitation exchange. If you are the parent entitled to possession time and the other parent is denying access, contemporaneous records (texts, emails, pickup/dropoff logs) become evidence for contempt proceedings that now carry dramatically higher consequences.
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If you are paying child support at the current cap, anticipate modification petitions. The jump from $9,200 to $11,700 in monthly net resources means the other parent has a strong financial incentive to file for modification after September 1, 2025.
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Stepparents and non-biological caregivers should consult an attorney before September 1, 2025, if they are considering filing for custody or conservatorship. The new "exclusive care" standard under HB 2350 substantially narrows who has legal standing.
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If you have a pending protective order and a separate pending divorce, expect judicial consolidation under SB 1559. Prepare your family violence evidence for the family court judge who will handle both matters.
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Parents within 50 miles of each other should review the Expanded Standard Possession Order schedule now. Under SB 1936, this becomes the default, potentially increasing the noncustodial parent's time from approximately 43% to roughly 46% of the year.
Frequently Asked Questions
Does the three strikes law apply to violations that occurred before September 1, 2025?
The criminal penalties under SB 2794 apply only to offenses committed on or after September 1, 2025. Prior contempt findings may still count toward the three-strike threshold on the civil side under HB 3181, but the felony charge escalation cannot be applied retroactively under the Texas and U.S. Constitutions' ex post facto protections.
How much will child support increase under the new cap?
The maximum child support for one child increases from $1,840 to $2,340 per month, a $500 monthly increase, under the new $11,700 net resources cap in Tex. Fam. Code § 154.125. Existing orders remain unchanged until a party files a modification petition with the court.
Can a custodial parent be charged under the three strikes law?
Yes. SB 2794 removes the word "noncustodial" from Tex. Penal Code § 25.03, making the interference statute apply equally to both custodial and noncustodial parents. A custodial parent who repeatedly denies the other parent's court-ordered possession time now faces the same escalating criminal penalties.
What happens to stepparent custody rights under the new standing rules?
Standing is significantly restricted. HB 2350 changes the threshold in Tex. Fam. Code § 102.003 from "actual" to "exclusive" care, control, and possession. A stepparent living in the same household as the biological parent is unlikely to meet this elevated standard, as their care of the child is shared rather than exclusive.
Does the expanded standard possession order apply to all custody cases?
The expanded schedule under SB 1936 becomes the automatic default only when parents live within 50 miles of each other. Courts retain discretion to order a different schedule when the geography is impractical or when the noncustodial parent has not demonstrated consistent involvement. Parents living more than 50 miles apart remain on the standard possession order unless they agree otherwise.
If you are navigating a Texas divorce or custody matter and need to understand how these changes affect your specific situation, find a family law attorney in your county through our directory.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.