Rule 308a.In Suits Affecting the Parent-Child Relationship
Last amended September 1, 1990 · Last verified June 28, 2026
Full Text of Rule 308a
Notes and Comments
Comment to 1990 change: This rule has been completely rewritten and designed to broaden its application to cover problems dealing with possession and access to a child as well as support.
Plain-English Summary
Rule 308a sets a path for enforcing family orders. When a court has ordered child support or possession of or access to a child and someone claims the order was violated, the claimant tells the court. The court may appoint a member of the bar to investigate whether there is reason to believe the order was broken. If the attorney in good faith believes it was, the attorney takes the action the Family Code provides, and on a finding of a violation the court may enforce its order under the Family Code.
The rule also controls the fee. No fee may be charged by or paid to the attorney representing the claimant except by order of the court. When the court decides a fee should be paid, it is adjudged against the party who violated the order and may be assessed as costs of court, awarded by judgment, or both. The 1990 rewrite broadened the rule from child support alone to cover possession and access as well.
Frequently Asked Questions
What can you do if someone violates a Texas custody or child-support order?
Under Rule 308a, report the violation to the court. The court may appoint an attorney to investigate and pursue enforcement under the Family Code, and on a finding of a violation may enforce its order.
Who pays the attorney's fee under Rule 308a?
The court may charge the fee to the party who violated the order. It can be assessed as costs of court, awarded by judgment, or both.