Interference with Child Custody in Texas
What Is Interference with Child Custody in Texas?
Under Texas Penal Code Section 25.03, a person commits the offense of Interference with Child Custody if they take or retain a child younger than 18 years of age when they:
- Know that their taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child’s custody.
- Have not been awarded custody of the child by a court of competent jurisdiction, know that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child’s custody has been filed, and take the child out of the geographic area of the counties composing the judicial district if the court has not yet awarded custody.
- Take or retain a child outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access without the permission of that person.
Simply put, if you keep a child away from the other parent in violation of a court order, you could be breaking the law. This applies to both parents with custody and those without. Even a parent with primary custody can be charged if they deny court ordered visiting rights to the other parent.
It is crucial to understand that this is a criminal offense, distinct from the civil contempt proceedings that often happen in family court.
How Is Interference with Child Custody in Texas Enforced in Practice?
While the statute seems black and white, enforcement is often shades of gray. Police officers are frequently reluctant to get involved in what they view as “civil matters.” If you call the police because your ex is two hours late returning your child, the responding officer will likely tell you to take it up with your family law attorney rather than making an arrest.
However, enforcement does happen, typically in scenarios that show a clear repeated pattern of interference.
Common Scenarios Where Interference with Child Custody in Texas Charges Apply
- Withholding Visitation: The custodial parent repeatedly refuses to let the non-custodial parent see the child during scheduled weekends, often acting out of spite because of disagreements over money or personal issues.
- Refusal to Return the Child: A non-custodial parent picks up the child for a weekend visit but refuses to bring them back on Sunday evening, keeping them for days or weeks longer than permitted.
- Fleeing the Jurisdiction: A parent takes the child to another county, state, or country without the court’s permission or the other parent’s consent, specifically to hide the child.
- Enticing a Child to Leave: Encouraging a teenager to run away from the custodial parent’s home to live with the non-custodial parent without legal modification of the custody order.
The Role of Intent
For criminal charges to stick, prosecutors must prove that the parent acted “on purpose.” This means they knew there was a court order in place and chose to violate it anyway. Genuine misunderstandings about the schedule usually do not rise to the level of criminal interference.
Challenges in Enforcing Interference with Child Custody Laws in Texas
Getting a District Attorney to accept charges for Interference with Child Custody can be difficult. Several hurdles often stand in the way of prosecution.
The “Civil Matter” Hurdle
Law enforcement officers on patrol are not family law judges. They cannot easily interpret complex, 50-page divorce decrees on the side of the road. Unless the violation is blatant and the order is crystal clear, officers usually document the incident and refer the parents back to civil court.
Proving “Knowingly”
A defendant might argue they didn’t understand the order, thought the schedule had changed, or believed the child was in danger (a specific type of defense in Texas law). Proving beyond a reasonable doubt that the parent knew they were breaking the order can be tough without clear evidence, such as text messages or emails that prove they were aware of the schedule.
Affirmative Defenses
Texas law provides defenses to prosecution. For example, it is this type of defense if the parent kept the child due to a reasonable belief that the child would suffer immediate physical or emotional harm. However, this defense usually requires reporting the concern to law enforcement or Child Protective Services immediately.
Potential Consequences for Interference with Child Custody in Texas
Successful prosecution of a parent results in significant penalties. Interference with Child Custody is generally a State Jail Felony.
Criminal Penalties
- Incarceration: A conviction can lead to confinement in a state jail for anywhere from 180 days to two years.
- Fines: Fines can reach up to $10,000.
- Permanent Record: A felony conviction stays on your record, affecting future employment, housing, and civil rights like voting or owning a firearm.
Impact on Custody Arrangements
The criminal consequences often bleed into the family court case. A criminal conviction for breaking custody rules gives the court strong proof if someone asks to change the custody order.
- Loss of Custody: A judge may strip the offending parent of primary custody.
- Supervised Visitation: The court may order that the offending parent’s time with the child be supervised to prevent future abductions or interference.
- Make-Up Time: The court will almost certainly award the other parent “make-up” time to compensate for the time lost.
Practical Advice to Avoid Interference with Child Custody in Texas
Custody battles are painful, but staying on the right side of the law is essential for your future and your child’s well-being.
- Follow the Order Strictly: Even if you disagree with it, follow the signed court order until a judge changes it.
- Document Everything: Keep a calendar of visitation. If the other parent denies you access, document it. Send a text or email showing you are at the pickup location and the child is not there. This creates a paper trail for both civil and criminal enforcement.
- Carry a Certified Copy: Always keep a certified copy of your most recent court order with you, especially during exchanges. It helps law enforcement understand who should have the child at that specific time.
- Don’t Use the Child as Leverage: Never withhold visitation because of unpaid child support. These are two separate legal issues in Texas. Withholding a child for money can land you in jail; unpaid support is handled through different enforcement mechanisms.
- Seek Modification Properly: If the current schedule isn’t working, or if you believe the child is unsafe, file a motion to modify the order. Do not take matters into your own hands.
Related Reading
Conclusion
Interference with child custody is a serious problem in Texas. It involves both family law and criminal law. Police might not step in for every issue, but if someone keeps another parent from seeing their child or hides the child, it can lead to serious criminal charges and losing custody rights.
If you are kept from your child or accused of not returning your child, you should get help from Graham Family Law right away. Trying to handle these complicated issues by yourself can make things worse.
Consult Graham Family Law today to ensure your children are protected.
More Resources from Graham Family Law
