What “Interference with Child Custody” Means Under Texas Law
We explain that Texas Penal Code § 25.03, Interference with Child Custody, criminalizes knowing violations of child-related court orders: taking or keeping a child against the order; enticing the child from the lawful custodian; or removing the child outside the U.S. to deprive a person entitled to possession of or access. SAPCR orders, final decrees, and modifications qualify.
Key Terms Parents Should Know (Plain English)
- Possession order = schedule for possession of or access; conservatorship = decision-making; right of possession = time the person entitled to possession has the child.
- Takes = early pickup against the order; retains = keeps the child past exchange; entices = persuades the child to leave.
- Valid order/lawful authority = a signed, file-stamped SAPCR/temporary/decree/modification still in force.
- Actual notice/service = formal service or verified notice proves the “knowing” element; texts/emails aren’t orders. Civil Family-Code enforcement can run alongside, but § 25.03 is a separate criminal case.
- Primary residence restriction = where the child must live; exchange location = pickup spot; travel restrictions = limits on trips, including bans on leaving the U.S. without consent.
Personal Experience from Attorney Christopher Migliaccio
One evening, a parent called me from a dark parking lot. The other parent never arrived for the exchange. Their voice shook with fear and anger. I asked them to take a breath, move to a safe, well-lit place, and check the order. We read the times and exchange location together. I told them to document what they saw: the time, a photo of the empty spot, and a short note. I also had them send a calm message asking about the delay. When no reply came, we called the non-emergency line and made a report. The next morning, I filed a motion and set a quick hearing. The lesson is simple: safety first, then facts. A clear paper trail beats self-help every time. Prompt legal steps protect the child and your rights. We guide families through each step so they can focus on their kids, not the conflict today.
Common Real-World Scenarios (Civil vs. Criminal Intersections)
These criminal charges for interference. We help parents protect children and orders while avoiding escalahese problems show up in familiar ways. Some conduct is handled in family court; some can also lead to tion.
- Retains the child past the return time/date. Keeping the child beyond the deadline can violate the order. Family court may enforce by contempt; if the conduct is knowing, prosecutors may file child custody charges.
- Entices the child to miss the exchange. Persuading a child not to appear can support a police report and a motion to enforce. Save messages and note what happened.
- Moves the child out of Texas or outside the U.S. This raises risk and often draws prompt court action. Judges can order return, issue pickup orders, and tighten travel limits.
No standing order yet. Without a signed order, police may hesitate. Primary relief is in family court: emergency SAPCR, temporary orders, or habeas corpus.
Parallel tracks. Document calmly, make a police report, and file for enforcement/contempt. We guide families with clear next steps so safety comes first.
Penalties, Degree of Offense, and Collateral Consequences
Under Texas law, Interference with Child Custody is a state jail felony. The statute itself classifies the offense at that level. (Texas Statutes)
A state jail felony punishable by law means 180 days–2 years in a state jail and up to a $10,000 fine. Judges may also allow community supervision (probation) or deferred adjudication when the case is legally eligible. We help clients understand these options and how to protect their record. (Texas Statutes)
Courts may order restitution and court costs. Restitution can cover reasonable expenses caused by the offense—such as travel needed to return the child—along with other documented losses. (Texas Statutes)
Separate “enhancement” rules are not built into § 25.03, but prosecutors may file other crimes when the facts support them. Exposure can rise quickly if additional offenses are alleged.
Felony convictions carry collateral consequences. They can affect immigration status, employment, and professional licensing. In family cases, judges consider the best interests of the child, so a conviction may weigh against a parent in conservatorship or possession decisions. (USCIS)
Record-clearing is limited. A conviction is generally not expungable; nondisclosure is usually available only after successful deferred adjudication and waiting periods, and even then it has limits.
Statute of Limitations & Procedural Timelines
Under Texas criminal procedure, limitations vary by conduct. For Texas Penal Code section 25.03(a)(3) (taking a child outside the U.S.), there is no limitation; other § 25.03 charges have a three-year limit. Delayed reporting can weaken proof and affect discretion. Defenses include: the actor returned the child within three days; and an affirmative defense if the actor promptly provided notice or made reasonable attempts to provide notice of circumstances beyond control. (Texas Statutes) (Texas Statutes)
We often see family-court timelines move faster than a criminal case. Enforcement or habeas corpus hearings can be set quickly in a district court or statutory county court of competent jurisdiction. With international travel or abduction risk, act urgently—seek expedited enforcement and travel safeguards right away. (womenslaw.org)
Defenses and When They May Apply
Real defenses turn on facts and paperwork. The State must prove a valid, signed child custody order with clear express terms. If the order is missing, expired, superseded, or ambiguous, that gap can be a defense.
There may be no “knowing” violation. Miscommunication, a calendar mistake, or a documented emergency can defeat the claim that there was an intent to deprive. Prompt updates, screenshots, and hospital or travel records help show good faith.
Consent or agreements. If the custodial parent or guardian gave written permission, or the parties signed a short-term custody agreement about an exchange, that can undercut criminal intent. Remember: a modification not yet signed by the judge isn’t an order. Keep clear proof about visitation rights.
Safety or necessity. When there is immediate danger or family violence, safety comes first. Call police, seek emergency orders, and use court channels. Do not hide the child; act within lawful custody, notify when safe, and follow temporary orders.
Mistaken identity or service defects. Charges can fail if the wrong person is accused, the court lacked authority, or service/notice was defective. Allegations that a noncustodial parent knowingly entices require proof they meant to lure the child from the custodial parent or guardian—not simple persuasion or a mixed-up schedule.
What to Do Next — Step-by-Step for Texas Parents:
When an exchange breaks down, act with care. Child custody interference can overlap with family law remedies and, in some cases, a criminal offense. We guide North Texas parents through these steps.
- Put safety first. Avoid confrontation. Go to the designated exchange spot when possible; choose a well‑lit, public place.
- Gather documents. Bring the current order, prior notices, messages, and any location data. Note who is awarded custody and each parent’s access to the child.
- Make a timeline. Write dates and times. Save screenshots, call logs, and names of witnesses. Photos of the exchange location help show if a retention violates the order.
- Contact police when appropriate. Request a welfare check or incident report and get the case number. Do not escalate; officers decide charging issues.
- Call legal counsel. Prompt legal representation in your judicial district speeds relief. We file in the proper DFW court.
- File in family court. Seek enforcement, a clarifying order, or a modification. Ask for makeup time and fees when supported. These filings are court actions, not a money‑damages civil suit.
- Consider a writ of habeas corpus. When a clear violation blocks possession, this tool can secure the child’s immediate return.
- Avoid self‑help. Do not withhold or take the child; that choice can create new exposure and harm your case.
Texas & DFW Practice Insights (Local Process Notes)
In Dallas, Collin, Denton, and Tarrant courts, we see judges expect safe exchanges, obeying standing orders, and police-lobby or center exchanges. In the counties composing the judicial district, the court disposing of your motion wants clear proof. These steps protect minor children.
Bring strong evidence: timestamps, school records, app logs (MyFamilyWizard/MyRange), and exchange-site video—a person standing by the posted clock. Geotagged photos confirm location within the geographic area.
Judges distinguish brief lateness from a pattern. If a parent retains a child younger than 18 past the order, or a person’s taking the child outside the geographic area, risk rises and may signal Texas interference.
We coordinate with police when needed; escorts keep peace but cannot resolve civil disputes. In interference with child custody Texas cases, officers document while courts decide remedies. Use neutral sites, arrive early, and log everything—habits that help across the counties composing the judicial systems and the DFW courts composing the judicial district.
FAQs
Is keeping my child past the return time a crime in Texas?
Keeping a child younger than 18 years past the deadline may be contempt. Under § 25.03, a person commits an offense only when a knowing actor’s retention violates the order’s express terms.
Can I be charged if there’s no final custody order yet?
Usually no. It’s an offense if the person acts against a valid temporary, final, or standing order. A noncustodial parent commits interference only when a signed order exists and they entice or keep the child anyway.
What if I believed my child wasn’t safe returning?
Put safety first. Document, call police if needed, and seek emergency orders. If events were beyond the actor’s control, act quickly in court and show you gave notice and cooperated.
Can police force a custody handoff at the scene?
Often no. Officers keep the peace and write a report; they rarely decide orders. They may document conduct that constitutes an offense or attempted commission, but judges enforce written terms.
What proof helps most if the other parent withholds my child?
- Messages and call logs with timestamps
- Exchange‑site photos/video and witnesses
- Location data and school records showing the child’s parent followed the plan
What’s the punishment for interference with child custody in Texas?
It’s a state jail felony, punishable by 180 days to up to two years and a fine. Probation may be possible. Separate from criminal nonsupport.
How fast can the court make the child return?
Habeas and enforcement can be set quickly, depending on the judge’s docket. We move fast to secure return and protect rights.
Call Us — Free Consultation for North Texas Parents
North Texas families can reach us for family law help in Dallas, Collin, Denton, and Tarrant counties. Call (888) 584-9614 for a free consultation; same- or next-business-day options are available. We provide clear legal counsel and an immediate step-by-step plan.
Bring your custody order or temporary order, any prior notices, messages, and a written timeline. Include exchange terms, location data, school records, and witness names. These help us confirm who is entitled to possession and whether the conduct violated lawful custody.
Our goal is calm, safety, and lawful solutions. We move quickly in family court with enforcement, clarification, modification, or habeas where appropriate. If facts indicate interference with child custody Texas, we explain police reporting and documentation while we protect your case. With focused legal representation, we guide you through the right channels to restore child custody time.
Call (888) 584-9614 to start; we’ll review your orders and map your next steps today.
Related Texas Resources & Next Steps
Documents to Have Ready
- Current custody order, temporary order, or court order (ensure it’s a valid order).
- Prior modifications and any custody agreement.
- Police reports, case numbers, screenshots/logs, school and location data.
If Charges Are Filed or Threatened
- Contact legal counsel immediately for legal representation; do not give statements before advice.
- We coordinate criminal and family court strategies; consider habeas corpus when rapid return is needed.
Preventing Future Conflicts
- Clarify travel windows, exchange places, and pickup times in the order.
- Use structured tools (e.g., co‑parenting apps).
- Seek updates through family law channels—clarifying orders or modifications—to prevent confusion.
