Can Police Enforce a Custody Order During a Dispute in Texas? | TX Family Lawyer

 Posted on January 31, 2026 in Child Custody

As of 2026, police in Texas usually cannot enforce a child custody order during a dispute unless the order clearly allows police involvement or a crime is happening. Most custody disagreements are civil issues, not criminal ones, which limits what officers can do when they respond to a call.

Custody disputes are common in the court system. According to 2025 research from the Pew Research Center, state and local courts handle about sixty-six million cases each year nationwide, and 5.7 percent of those cases involve family law matters, including custody and visitation disputes.

If you are dealing with a custody conflict, a Tarrant County, TX child custody lawyer can help you understand what enforcement options are actually available.

When Will Police Get Involved in a Custody Dispute in Texas?

Police officers respond to custody calls mainly to keep the situation calm and safe. They usually do not decide who is right or wrong under a custody order.

They may step in if a crime appears to be taking place. This can include assault, threats, or interference with child custody. Texas Penal Code § 25.03 makes it a crime in certain situations to take or keep a child in violation of a custody order. When this law applies, officers may investigate and take action.

If no crime is clear, officers usually document what happened and tell parents to address the issue in court.

Do Custody Orders Automatically Give Police Enforcement Power in Texas?

Most custody orders do not automatically give police the power to enforce exchanges. Enforcement usually requires a judge.

Some orders include specific language that allows law enforcement to assist during exchanges. Without that language, officers are often unwilling to remove a child from one parent and give the child to the other. They may read the order, but they usually avoid making enforcement decisions at the scene.

What Happens if a Parent Refuses To Follow a Custody Order in Texas?

When a parent repeatedly ignores a custody order, the usual solution is to go back to court. Calling the police often does not fix the problem. Texas Family Code Chapter 157 explains how parents can ask the court to enforce custody and visitation orders.

An enforcement case may result in:

• Make-up parenting time to replace missed visits

• Fines or court costs ordered by the judge

• Changes to the custody or visitation order

• Jail time for serious or repeated violations

Judges look at whether violations were intentional and whether they happened more than once.

Can Police Remove a Child From a Parent in Texas?

Police are very careful about removing children. They may do so if a court order clearly directs law enforcement to help or if the child is in immediate danger. In emergencies involving abuse or neglect, Texas Family Code § 262 allows authorities to act to protect a child’s safety.

Outside of emergencies, officers usually leave custody decisions to judges. This is why police involvement often feels limited during everyday custody disputes.

What Should Parents Do During a Custody Conflict in Texas?

Parents should focus on following the custody order themselves, keeping records of violations, and asking the court for help when needed. Calling the police without a clear legal reason can make the conflict worse and may not help later in court.

Clear records, calm communication, and timely court action are often more effective than repeated police calls.

When Should You Talk to a Lawyer About Custody Issues?

You should consider legal advice if custody exchanges keep falling apart, the other parent repeatedly ignores the order, or police involvement has not solved the problem. A lawyer can review your order, explain enforcement options, and help you ask the court to step in.

Contact Our Dallas, TX Child Custody Attorney Today

At Law Office of Michelle Poblenz, we understand how Texas courts handle custody enforcement. Attorney Poblenz is a former prosecutor for the Dallas County District Attorney’s Office and has more than 25 years of legal experience. She uses that background to explain how law enforcement and courts approach custody disputes and to guide clients through difficult situations.

If you are dealing with a custody dispute and need guidance, call 469-845-3031 to speak with our Tarrant County, TX child custody lawyer today.