In Texas, “interference with child custody” generally means a parent knowingly violates a valid custody order—affecting both the other parent and the child. It can be charged under Penal Code § 25.03 as a state-jail felony. If a scheduled child exchange fails, don’t panic—take action.
What “Interference with Child Custody” Means Under Texas Law
Interference with Child Custody occurs when one parent knowingly ignores the court-ordered schedule in a way that disrupts the other parent’s time with the child. Under Texas law, a person commits an offense if the person takes or retains a child in violation of a court order regarding the child’s custody.
This includes situations where a person takes a child outside the terms of a custody order, or entices the child away from the lawful custodian, or removes the child outside the United States to deprive the parent who is entitled to possession or access. Interference with a child’s custody can occur when a parent or any other individual acts against the terms of a custody order, and the law applies even if the offender is the child’s parent.
The law specifically protects minor children and applies to those younger than 18 years. A noncustodial parent commits interference when they knowingly violate the terms of a custody order. The rule applies to valid, signed orders—such as SAPCR orders, final decrees, and later modifications.
Quick Answer: What should I do right now if the other parent won’t return my child in Texas?
Act quickly and create a clear record. These steps align with Texas court processes for getting possession of the child back. Court-ordered penalties for violating a child custody order can include fines and payment of the other parent’s attorney’s fees and legal costs.
- Document times, messages, photos of the exchange site, and any witnesses. Detailed records should include the date, time, location, nature of the violation, and supporting evidence.
- Call the non-emergency line and request an incident/case number; note the officer and time.
- File a motion to enforce the custody order, or seek a writ of habeas corpus, to obtain a prompt return.
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.
- Person standing = an individual who temporarily or legally assumes the role of a custodial parent or guardian, as recognized in child custody law.
- 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 Texas 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.
Case Study: Clarifying an Exchange and Securing Makeup Time After a Missed Handoff
One evening, a receiving parent called me from a dark parking lot. The other parent never arrived with the child to make the exchange. Their voice shook with fear and anger. I asked them to take a breath, move to a safe, well-lit place, and open the signed custody order on their phone. We read the exact exchange time and location from that order 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 text to the other parent asking about the delay and proposing a neutral, well-lit meet-up. When no reply came, we called the police non-emergency line, made an incident report, and obtained the case number. No handoff occurred that night.
The next morning, I filed a motion and set a quick hearing. In court, the other parent explained they couldn’t find the exchange site and had misplaced their phone. The judge designated a well-lit public exchange location, required written co-parenting messages, and set makeup time. Because there was no “knowing” violation, criminal charges were not appropriate—though the judge cautioned that repeated conduct could raise Penal Code § 25.03 concerns. Repeated interference offenses can result in more severe charges under the “Three Strikes” Law in Texas. Compliance followed at the next scheduled exchange at the new location.
The Takeaway: Safety first, then facts. A clear paper trail beats self-help every time. Prompt legal steps protect the child and your custody 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 problems show up in familiar ways. Some conduct is handled in family court; some can also lead to criminal charges.
- 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. To enforce a custody order, evidence of each violation must be provided to the court.
- 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 the state of Texas or outside the U.S. This raises risk and often draws prompt court action. Removing a child outside the geographic area or the counties composing the judicial district or statutory county specified in the custody order can constitute a violation. The legality of removal may depend on the counties composing the judicial district or statutory county court that issued the order. 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).
Parallel tracks means you can take two paths at the same time: (1) civil remedies in family court to fix the exchange problem and (2) a police incident report to create an official record. We guide families with clear next steps with safety as the top priority.
Penalties, Degree of Offense, and Collateral Consequences
Under Texas law, Interference with the custody of a child is a state jail felony. The statute itself classifies the offense at that level.
A state jail felony is punishable by 180 days–2 years in a state jail and up to a $10,000 fine. Interference with child custody is a state jail felony punishable by up to two years in jail and a fine, as defined by Texas Penal Code section 25.03. The maximum fine is up to $10,000 and jail time of up to 2 years. Tex. Penal Code §12.35. 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.
Courts may order restitution and court costs. In Texas criminal cases, restitution is governed by Tex. Code Crim. Proc. art. 42.037, which permits reimbursement for losses directly resulting from the offense, including reasonable expenses incurred to secure the child’s return. The violating parent may be ordered to reimburse the other parent for incurred expenses due to custody interference.
Section 25.03 does not include offense-specific enhancement provisions; however, general Texas enhancement statutes or separate charges may apply when supported by the facts and law.
Felony convictions carry collateral consequences. They can affect immigration status, employment, and professional licensing. Texas courts decide conservatorship and possession under the ‘best interest of the child’ standard set by Tex. Fam. Code § 153.002, which governs all suits affecting the parent-child relationship.
Record-clearing is limited. Expunction generally does not apply to felony convictions (Tex. Code Crim. Proc. art. 55.01). Orders of nondisclosure may be available for certain deferred adjudication cases under Tex. Gov’t Code § 411.0725, subject to exclusions and waiting periods.
Statute of Limitations & Procedural Timelines
Under Texas criminal procedure, limitations vary by conduct. For Penal Code § 25.03(a)(3) (taking a child outside the United States), there is no limitation period under Tex. Code Crim. Proc. art. 12.01(1)(K). All other § 25.03 offenses are subject to the three-year limitations period under art. 12.01(7).
Delayed reporting can weaken proof and affect discretion. Statutory defenses include when the actor returned the child to the person entitled to possession within three days after the commission of the offense (Tex. Penal Code § 25.03(c)). Another affirmative defense applies if the actor promptly provided notice or made reasonable attempts to provide notice to the person entitled to possession when circumstances beyond the actor’s control resulted in the actor’s retention of the child (§ 25.03(c-1)). In both cases, it is important to provide notice as soon as possible to mitigate liability.
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.
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. Under Texas law, it is an offense if the person takes or retains a child knowing that the action violates a court order, lacks court approval, or occurs outside the U.S. 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 of the child 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 that the person’s taking or retaining of the child was intended to interfere with lawful custody or access—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. Penalties for contempt of court include fines of up to $500 or up to six months in county jail.
- Consider a writ of habeas corpus. Tex. Fam. Code ch. 157, subch. H (§§ 157.371–.376) authorizes habeas proceedings to secure immediate return when a party is entitled to possession under a court order.
- Avoid self-help. Do not withhold or take the child; that choice can create new exposure and harm your case.
Keypoints
- Texas charges interference under Penal Code § 25.03.
- It’s a state-jail felony with serious consequences. The offending parent can be held in contempt of court for violating a custody order, which may result in fines or jail time.
- Documentation and incident numbers strengthen enforcement.
- Habeas corpus can secure fast child return orders.
- Court orders—not officers—control exchanges and remedies.
Texas & DFW Practice Insights (Local Process Notes)
In Dallas, Collin, Denton, and Tarrant Counties, judges expect safe, well-lit exchange locations, strict compliance with standing orders, and clear documentation. Courts look for straightforward proof when ruling on motions to protect children.
Bring strong evidence: time-stamped texts, school records, co-parenting-app logs (e.g., MyFamilyWizard/MyRange), and short video at the exchange site (e.g., the parent standing near a posted clock). Geotagged photos help confirm you were at the correct location.
Judges distinguish a one-off delay from a pattern. Retaining a child younger than 18 years past the ordered return time—or moving the child outside the geographic restriction—raises risk and can support enforcement.
We coordinate with police when needed. Officers keep the peace and document; judges enforce orders and set remedies. Use neutral public sites, arrive early, communicate in writing, and log everything—habits that consistently help in DFW courts.
Frequently Asked Questions
FAQs About Offense & Penalties
Is interference with child custody a felony in Texas?
Yes. Interference with Child Custody is a state jail felony when someone knowingly violates a valid court order by taking, retaining, or enticing a child, or removes the child from the U.S. to deprive a person entitled to possession or access. Tex. Penal Code § 25.03.
What’s the punishment for interference with child custody?
A state jail felony is punishable by 180 days to 2 years in a state jail and up to a $10,000 fine. Eligibility for community supervision or deferred adjudication depends on the case. Tex. Penal Code § 12.35.
FAQs About Orders, Police & Immediate Steps
Can I be charged if there’s no custody order?
Usually no. § 25.03 typically requires a valid, signed court order (temporary, final, or modification). Without one, disputes are generally civil until an order issues. Criminal exposure rises once the order’s express terms exist and are knowingly violated. Tex. Penal Code § 25.03.
What should I do if the other parent won’t return my child?
Start a paper trail and act fast:
Make a calm, time-stamped request and save replies.
Document the missed exchange (photos, witnesses, location data).
File for enforcement/habeas and consider a police report for documentation.
Courts enforce orders; officers mostly keep the peace.
Can police force a custody handoff at the scene in Texas?
Often no. Police typically document and keep the peace; judges enforce written orders. Officers may note conduct that could constitute an offense, but court orders control exchanges and remedies. (Use enforcement or habeas for return.)
FAQs About Time Limits & Travel
What is the statute of limitations for interference with child custody?
For taking a child outside the United States under § 25.03(a)(3), there is no limitation period. Other § 25.03 offenses generally have a three-year limitation. Tex. Code Crim. Proc. art. 12.01(1)(K), (7).
Is it a crime to take a child out of Texas or outside the U.S. without permission?
Removing a child outside the United States to deprive a person entitled to possession/access can be interference with the custody of the child. Geographic restrictions in orders also matter. Know your order’s travel terms before leaving. Tex. Penal Code § 25.03(a)(3).
FAQs About Defenses & Family-Court Impact
What defenses can apply to an interference charge?
Fact-specific defenses can include:
No valid order or ambiguous terms.
Lack of knowing violation (miscommunication, emergency).
Consent or written temporary agreements.
Return within three days or prompt notice when events were beyond control (see statute text). Tex. Penal Code § 25.03.
Will an interference charge affect conservatorship or possession later?
It can. Family courts decide on the child’s best interest and may weigh criminal conduct, compliance with orders, and safety/stability when setting conservatorship or possession terms.
FAQs About Reporting & Starting a Case
How do I make a report or start a case?
Document first, then act:
Save messages, photos, location data, and witnesses.
Request an incident number from non-emergency police for documentation.
File enforcement or habeas in family court for fast return orders; consult counsel promptly.
Call Us — Free Consultation for North Texas Parents
Families in Dallas, Collin, Denton, and Tarrant counties can reach out for expert family law assistance. Call our law firm at (888) 584-9614 for a free consultation and legal advice, with same- or next-business-day appointments available. During your consultation, we provide clear legal guidance and outline a practical, step-by-step action plan tailored to your situation.
Bring your custody or temporary orders, prior notices, messages, and a written timeline. Include exchange details, location information, school records, and witness names. These documents help us determine lawful possession and whether any conduct violated custody arrangements.
Our focus is on achieving safe, calm, and lawful solutions. We act quickly in family court, handling enforcement, clarification, modifications, or habeas actions when appropriate. If there is interference with child custody in Texas, we guide you through reporting, documentation, and legal protection while safeguarding your case.
Start planning your next steps with confidence—call our experienced family law attorney at (888) 584-9614 or contact us online. Our child custody lawyer will review your orders and help you take the right legal actions to protect your child’s custody time.
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.
Disclaimer: This content is exclusively for informational purposes and does not create an attorney-client relationship. Consult custody attorneys for the best legal child support.
