HB3181

HB3181 makes compensatory parenting time the general rule when court-ordered possession of or access to a child is denied, unless a party shows good cause not to order it. Previously, that mandatory-with-good-cause-exception approach applied specifically to denials resulting from a DFPS investigation that found no abuse or neglect; the general rule otherwise allowed, rather than required, make-up time. Final law.

Ordinary make-up time remains the same type and duration as the denied time and must occur within two years after the court finds the denial. But if the person denying access has at least three prior contempt findings for denying court-ordered time with the same child, the additional time the court orders must total twice the time denied. These are court findings, not simply a count of missed visits or accusations.

The act adds three other consequences for repeated violations:

• A current contempt finding plus at least three prior contempt findings for violating possession or access orders concerning the child establishes a material and substantial change in circumstances sufficient to justify modifying the existing conservatorship or access order. This supplies a modification ground; it does not automatically transfer custody or eliminate the best-interest requirement. Modification framework.
• With a current contempt finding for disobeying a possession or access order and at least three prior findings of that kind, the court cannot use the provision allowing community supervision and suspended commitment. The act does not itself specify a mandatory number of jail days.
• The court cannot waive otherwise-required attorney’s fees and costs when the respondent has at least three prior contempt findings for denying court-ordered time with the child in the case. The existing fee provision still governs what is awarded; the act does not promise reimbursement of any amount a party demands.

The governor signed June 20, 2025; the act took effect September 1, 2025. The modification, community-supervision and make-up-time changes apply to the specified suits already pending in trial court on that date and suits filed afterward. The fee-waiver change applies to enforcement orders rendered on or after that date; earlier enforcement orders remain under former law. Official history.