Withholding A Child From Another Parent Without Court Order in Texas

Withholding a child from another parent without court order is a serious matter with significant legal implications, including potential criminal charges and court-ordered sanctions.

Quick Answer: Can I withhold my child from the other parent in Texas with no court order?

Texas treats parents as equal without a custody order; don’t withhold a child unless immediate danger. Seek temporary orders; interference becomes criminal under Penal Code §25.03 once orders or a case exist.

• Document missed exchanges and safety concerns
• File a SAPCR requesting temporary orders or a TRO
• Call police or CPS only for immediate danger

Introduction – Understanding Custody & Withholding Basics

We understand how stressful it feels when your child is kept from you. Since 2006, we have guided North Texas families through child custody matters in Dallas, Collin, Denton, and Tarrant counties, working daily with DFW family courts and their procedures. Our goal is to protect your child’s well-being and restore stability fast—often through emergency court action when needed.

What “withholding a child” means: One parent keeps a child away from the other without a court-approved order (or contrary to one). These situations escalate quickly and can harm the parent‑child relationship and your child’s routine.

Joint rights by default: If there’s no court order, Texas treats parents as having equal rights to possession and decision‑making. Police and courts often won’t enforce an informal schedule; cooperation is expected until a court puts orders in place.

Why a court order matters: A child custody order from a SAPCR (Suit Affecting the Parent‑Child Relationship) or divorce decree is the legal document that establishes and enforces the legal rights of each parent. It sets a visitation schedule, defines rights and duties, and gives judges tools to enforce the plan and penalize non‑compliance. If disputes arise, parents should pursue legal channels to resolve them and protect their legal rights.

The best‑interest rule: Texas law makes the child’s best interests the top priority in any custody decision. Withholding out of anger or leverage—not safety—usually backfires and can hurt your position in court.

Need-to-Know Highlights

• Without orders, both parents have equal possession rights.
• Safety fears justify brief withholding—then seek emergency orders immediately.
• Interference with child custody (§25.03) can be a state jail felony.
• Courts can order make‑up time, fees, contempt, or modify custody.
• File a SAPCR to secure enforceable temporary orders and a schedule.

Local insight: Family law governs these disputes, and our Richardson–Plano team appears frequently in Dallas County Family District Courts and Collin County District Courts, where temporary‑orders hearings are often short and focused. DFW judges also use mediation and parent education in many cases to reduce conflict. Seeking legal guidance from a family law attorney is recommended to navigate these complex issues.

Key Facts About Withholding a Child in Texas

• Equal rights without an order: If no order exists, each parent has equal rights; informal schedules aren’t enforceable. File quickly to avoid confusion.
• Support ≠ visitation: You cannot withhold parenting time or engage in withholding visitation because the other parent missed child support payments; possession and support are separate legal issues. Withholding visitation for missed support can have potential legal consequences, including court sanctions.
• Interference is a felony: Interference with child custody (Penal Code §25.03) can apply when a court order is violated, when a parent hides or moves a child during a pending case, or when a parent takes the child outside the U.S. to thwart access. It’s a state jail felony (180 days–2 years; up to $10,000 fine). Civil penalties may also apply in addition to criminal charges.
• “Parental kidnapping”: Taking or concealing your own child to block the other parent’s parent access can be charged under §25.03 in the situations above.
• Courts penalize withholders: Judges can order make‑up visitation, hold a parent in contempt of court, impose civil penalties, and even modify custody or visitation rights in severe or repeat violations.
• Safety exception: If a child faces immediate danger, protecting the child comes first—but you must promptly seek emergency court orders or involve CPS/police to justify any temporary withholding.

Parental Rights & Duties Without a Court Order

Default rights: Texas Family Code §151.001 lists each parent’s rights and duties: physical possession, consenting to medical care, directing major decisions like education, and the duty of care and support. Without a formal custody order, both legal parents have equal custodial rights and share legal custody of the child.

No “custodial” parent yet: Terms like custodial and noncustodial parent (or “primary”) only apply after a court order. Until then, neither parent has superior custody rights.

Visitation by agreement: Parents can create an informal parenting plan while they file for orders. However, without a formal custody order, these arrangements are not legally enforceable; if someone backs out, police usually treat it as a civil matter. The remedy is to file for a court order quickly.

Duty to protect vs. right to access: Each parent must protect a child from harm. If visits truly threaten child’s safety (e.g., domestic violence), you can keep the child temporarily safe—but you must immediately seek a TRO, protective order, or emergency orders to support your decision. The only time a parent may be justified in withholding a child is if they believe the child is in immediate danger of abuse or neglect by the other parent.

Related: Learn the basics of Texas conservatorship and possession on our Texas child custody laws page: https://www.wmtxlaw.com/child-custody/.

Common PAA Questions on Rights Without an Order

Can a mother keep the child away from the father without a court order in Texas?

No. Without an order, both parents have equal rights. Parent withholding without a legitimate reason (immediate danger) can lead to legal consequences once a case is filed. The smarter path is to seek temporary orders fast. TexasLawHelp.org

Will police enforce visitation without a court order?

Usually no. Without orders, officers often advise you to file in family court rather than enforce an informal visitation schedule.

What rights does a father have without an order?

If legal paternity is established, the father has the same default rights under §151.001 as the mother until a judge orders otherwise.

Legal Consequences of Withholding a Child

Criminal interference (Penal Code §25.03): A person commits an offense by taking or retaining a child when:

• It violates a custody order (including temporary orders).
• They move or hide the child while a custody suit is pending.
• They take the child outside the U.S. to deprive the other parent’s access
• A non‑custodial parent entices the child away from the custodial parent.

Punishment: state jail felony — 180 days to 2 years and up to $10,000 fine.

Contempt of court (civil enforcement): When an order exists, family courts can enforce by contempt. Penalties can include civil penalties such as fines, attorney’s fees, make‑up parenting time, and up to six months in county jail per violation in district courts.

Modification risks: Judges look for cooperation. A parent who frustrates the child’s relationship with the other parent may lose primary status or have reduced time in extreme cases. Texas public policy favors frequent and continuing contact with both parents who act in the best interests of the child. Employing effective legal strategies is important to avoid negative outcomes in modification proceedings.

Recent case example: O’Connor v. State, No. 05-24-00658-CR, 2025 WL ___ (Tex. App.—Dallas July 24, 2025) (mem. op.) (affirming conviction under Tex. Penal Code § 25.03(a)(1); necessity defense failed)—underscoring that violating custody orders can result in state-jail-felony punishment.” {O’Connor v. State, No. 05-24-00658-CR (Tex. App.—Dallas July 24, 2025).

“Parental kidnapping” vs. justified emergency: Withholding for leverage is illegal. Withholding for safety can be justified only if you promptly seek legal protection (e.g., TRO, protective order, CPS report). Delay weakens your position and can turn a “safety choice” into a criminal allegation. Withholding a child without proper justification can have serious legal implications, including potential criminal charges and court-ordered sanctions.

Involving Child Protective Services (CPS)

When CPS steps in: CPS investigates reports of abuse or neglect or situations that may threaten a child’s health or child’s safety. Every Texan has a duty to report suspected abuse; professionals must report within 24–48 hours, depending on agency guidance.

Reporting abuse: If you have concerns about the child’s health or safety, call 911 for emergencies and report to the Texas Abuse Hotline (800‑252‑5400). Reporting creates a record and helps protect the child while you seek court orders.

What investigations may do: If the child is safe with the reporting parent, CPS may monitor or recommend services. If the child remains with an unsafe parent, CPS can seek court action—and in extreme cases, remove a child without a court order when there is immediate danger (Family Code §262.104).

Work with CPS: Cooperate fully. False or bad‑faith reports can backfire. Our firm prioritizes children’s welfare and helps families coordinate CPS findings with emergency custody requests.

What Texas Courts Consider in Custody Disputes

Best‑interest standard: Courts decide based on the best interests of the child (Family Code §153.002), focusing on safety, emotional needs, stability, and each parent’s willingness to support the child’s relationship with the other parent. Courts also consider the impact of custody disputes on the child’s life and all children involved. Texas public policy favors frequent, continuing contact with fit parents.

Safety history matters: Evidence of domestic violence or abuse is critical and can limit or deny access (Family Code §153.004). Bring police reports, medical records, photos, or texts to support your concerns.

Evidence & documentation: Judges expect proof—messages, missed‑exchange logs, witness statements. Keeping a simple visitation journal strengthens your case at temporary and final hearings. Children caught in custody disputes may experience emotional and psychological effects, so documenting these impacts can be important.

Frequent contact & SPO: Texas policy generally supports a Standard Possession Order if safe, ensuring regular parenting time with the non‑custodial parent. Both parents spending time with the child is important, and custody arrangements or a custody agreement help define and protect these rights to spend time with your child.

Geographic restrictions & relocation: Final orders often restrict the child’s residence to a set geographic area (e.g., DFW and contiguous counties) to protect parent access and stability. A child custody agreement or custody agreement may include such restrictions. Moving a child far away without permission can lead to swift court action.

Local practice notes: Many North Texas courts require mediation and may set short temporary‑orders hearings (often 20 minutes per side), so organized evidence is key. Court proceedings are often required to resolve these issues, and the court determines the outcome based on the evidence presented.

Case Study: Securing Immediate Possession with a Same-Day TRO

Problem: A North Texas dad came to us after two weeks without seeing his daughter. There was no court order; the mother kept the child after a weekend visit, and he felt scared and powerless.

Action: I reviewed his saved messages showing refused exchanges and built a clear timeline. That same day, we filed a SAPCR (custody case) with a verified temporary restraining order and a request for temporary custody, and we coordinated with the bailiff for a safe pickup. At the hearing, I presented the timeline, the texts, and a practical parenting schedule the court could enforce.

Result: The judge granted immediate possession and signed temporary orders with a set schedule, exchange location, and make-up time. The bailiff oversaw a calm exchange, and the child returned safely.

Takeaway: When a child is withheld with no order, fast, organized action—evidence plus a SAPCR and TRO—can quickly restore stability and protect the child.

Steps to Resolve a Child‑Withholding Situation (Texas)

• When facing child withholding, it is crucial to take the appropriate steps and explore your legal options to protect your rights and your child’s well-being.
• Stay calm; assess safety. If you fear immediate harm or abduction, call 911 and make a police report. Consider Amber Alert criteria in extreme cases.
• Document everything. Save messages, note dates and times of missed visitation, and keep a brief log.
• Call an experienced family lawyer. We can advise you on your legal options and file a SAPCR or a writ of habeas corpus to compel return.
• Seek emergency orders. Ask for a Temporary Restraining Order (TRO) or temporary custody if danger exists; TROs typically last 14 days and lead to a quick hearing.
• Attend the hearing prepared. Present clear evidence and a workable parenting plan that serves the child’s best interests.
• Cooperate with authorities. If CPS or law enforcement is involved, comply fully and focus on children’s welfare over “winning.”

Texas Case Law Spotlight (Holding Parents Accountable)

• Criminal consequences: A Belton‑area mother who refused to return her child after summer visitation was charged with interference with child custody, reflecting that prosecutors will use Penal Code §25.03 when facts fit.
• Conviction example: In Lovell v. State (Tex. App. 2006), a parent convicted of interference received 360 days in jail. This case illustrates real criminal exposure for withholding in violation of Texas law.
• Custody modification lesson: Even without a published case on identical facts, Texas modification law allows changes when doing so is in the child’s best interests—courts may shift primary custody if one parent obstructs contact in severe cases.

Key takeaway: Texas courts put children’s welfare and stable access to both parents first. Withholding without a legitimate reason can lead to criminal charges, contempt, and even loss of primary rights.

Common Mistakes We’ve Seen (and How to Avoid Them)

• Self‑help instead of legal help: “Stealing” a child back or hiding them invites criminal and civil trouble. File for emergency orders instead.
• Waiting too long: Delay creates a false “status quo.” File a SAPCR or enforcement quickly. Courts move faster when children’s routines are at risk.
• Using the child as leverage: Denying visits over child support payments is not a good idea and will hurt you in the long run. Enforce support separately.
• Parental alienation: Avoid any attempt to unjustifiably withhold access or manipulate your child’s relationship with the other parent. Engaging in parental alienation can harm your child’s well-being and damage your case in court.
• Poor documentation: Claims without proof fall flat. Keep messages, photos, and a simple log of parenting time issues.
• Ignoring temporary orders: Temporary orders count. Violating them risks contempt and jail time.

Quick Answer: Quick Answers: Micro Q&A

Generally no; both parents have equal rights absent a court order. Only for immediate safety with prompt court action; otherwise it risks penalties.

• Can a parent keep a child without a court order? Generally no; both parents have equal rights absent a court order.
• Is withholding a child legal in Texas? Only for immediate safety with prompt court action; otherwise it risks penalties.
• What if my ex withholds the child and there’s no order? File a SAPCR quickly; consider emergency orders if danger exists.
• What is “parental kidnapping” in Texas? Interference with child custody under Penal Code §25.03.
• Will police help without an order? Often not; they’ll tell you to seek a court order.
• Can I refuse visits for safety concerns? Temporarily in emergencies—then seek a TRO and hearing.
• Does Texas favor mothers or fathers? No; Texas is gender-neutral and uses the best-interest standard.
• How fast can I get emergency custody? TROs can issue quickly; hearings commonly occur within days.
• Is interference a felony? Yes; it’s a state jail felony with potential jail time and fines.
• Can unpaid child support stop visits? No. Possession and support are separate.
• Can I move out of Texas with no orders? Risky. The UCCJEA may keep Texas as home state for six months and a court can demand return.
• What’s a writ of habeas corpus in custody? A tool to compel the child’s return to the rightful possessor.

With Court Order vs. No Court Order – Texas Custody Rights

With Court Order

Rights and duties defined; one parent may be primary; detailed visitation schedule.

Without Court Order

Equal rights by default; any schedule is informal.

Enforceability

Enforceable by court (and police when appropriate); violations = contempt.

Not enforceable; police/courts won’t enforce informal arrangements. Must file a case.

Withholding impact

Violations risk fines, jail, fees; repeat issues can lead to modification.

Prolonged withholding during a pending case can become criminal interference.

Next steps

File enforcement or contempt; consider habeas for immediate return.

File a SAPCR and seek temporary orders (or a TRO) right away.

Travel limits

Often geographic restrictions (e.g., DFW + contiguous counties).

No automatic limits; relocating can complicate jurisdiction under the UCCJEA.

Frequently Asked Questions

FAQs About Custody Without an Order & Police

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Can a parent keep a child away without a court order in Texas?

No. In Texas, both parents share equal rights without a court order (Family Code §151.001). Withholding is only defensible for immediate danger and should be followed by prompt legal action; otherwise it harms your case and can trigger enforcement once a case is filed.1. File a SAPCR for temporary orders.2. If danger, seek a TRO/protective order.3. Document exchanges.

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At what age can a child refuse visitation in Texas?

There’s no set age. Judges may interview children 12+ about preferences, but court orders must be followed unless safety requires change. The best-interest standard governs, and courts can adjust possession or add supervision when evidence supports it.1. Document issues and consider counseling.2. Seek modification if there’s a material change.

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Will police enforce visitation without a court order in Texas?

Usually no. Without orders, possession disputes are treated as civil matters; officers may do welfare checks but won’t force exchanges. To make time enforceable, file a SAPCR for temporary orders.1. For emergencies, call 911.2. Request a welfare check if appropriate.3. Keep exchanges calm and documented.

FAQs About Crimes, Non-Return & Emergency Orders

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Is withholding a child a crime in Texas?

Sometimes. Interference with child custody (Penal Code §25.03) applies if a parent violates a court order, hides or moves a child during a pending case, or takes the child outside the U.S. to thwart access. It’s a state jail felony.1. Penalties: 180 days–2 years; up to $10,000 fine.2. Civil contempt and custody changes also possible.

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What happens if the other parent won’t return my child in Texas?

Act fast. With an order, file enforcement for make-up time, contempt, and fees. If you have the superior right to possession, seek a writ of habeas corpus and, when appropriate, a writ of attachment for safe pickup.1. Bring your order and proof of missed exchange.2. Ask for a prompt temporary-orders hearing.

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How fast can I get emergency custody or a temporary restraining order in Texas?

Quickly. Courts can issue a TRO ex parte to stabilize the child, commonly lasting about 14 days, then set a prompt temporary-orders hearing. You must show immediate risk and specific relief.1. File a SAPCR with TRO request.2. Provide photos, reports, messages.

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How do I file for emergency custody in Texas?

File a SAPCR in the proper court and request temporary orders; if there’s immediate danger, include a verified TRO request. Be specific about risks and relief sought, then prepare for a quick hearing.1. Attach evidence (texts, photos, reports).2. Propose a safe, workable schedule.

FAQs About Safety, Relocation & Child Preferences

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Can I refuse visitation if my child may be unsafe in Texas?

Yes—temporarily—when there’s immediate danger. Then act within the law: seek a TRO or protective order, report concerns when appropriate, and request temporary orders. Unsupported refusals backfire.1. Cite safety under Family Code §153.004.2. Keep records: injuries, threats, substance use.

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Can I move out of Texas with my child if there’s no custody order?

Risky. Under the UCCJEA (Texas Fam. Code Ch. 152), Texas usually remains the child’s “home state” for six months, and a court can order return. Moving without consent or orders can hurt your case once litigation starts.Seek temporary orders or a written agreement first.

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My child doesn’t want to go—can I refuse the exchange in Texas?

Not if there’s an order. You must comply, even when a child resists, unless there’s immediate danger. Explore reasons and support your child while following the schedule.1. Communicate with the other parent.2. Seek counseling or modification if issues persist.

FAQs About Violations, Support & Criminal Exposure

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What happens if I violate a custody order by withholding a child in Texas?

Expect enforcement. Courts can order make-up time, attorney’s fees, fines, and contempt with possible jail (Family Code §157). Serious or repeated violations may prompt modification; criminal charges can apply when §25.03 is met.1. Bring proof of violations.2. Resume compliance to mitigate.

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Can I withhold visitation if the other parent isn’t paying child support in Texas?

No. Possession and child support are separate. Withholding parenting time for unpaid support hurts your case. Enforce support through legal remedies while following the order or seeking a lawful change.1. File support enforcement separately.2. Keep exchanges on time and documented.

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Is “custodial interference” a felony in Texas?

The Texas offense is interference with child custody (Penal Code §25.03), commonly called “custodial interference” or “parental kidnapping.” It’s a state jail felony when statutory conditions are met (e.g., violating an order or hiding the child during a pending case).Penalties can include jail and fines.

FAQs About Enforcement & SAPCR

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How do I enforce visitation rights in Texas?

File a motion for enforcement in the court of continuing jurisdiction. Ask for make-up time, fees, and contempt if warranted, and bring proof of each missed exchange.1. Save messages and time-stamped evidence.2. Request precise future exchange terms.

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What is a SAPCR in Texas, and why file one now?

A SAPCR (Suit Affecting the Parent-Child Relationship) creates enforceable orders for conservatorship (custody), possession (visitation), and support. Filing lets you request temporary orders the court and police can enforce.

Related Resources & Further Reading

• Family Code §151.001 (parental rights & duties). https://statutes.capitol.texas.gov/Docs/FA/htm/FA.151.htm#151.001
• Family Code §153.002 (best interest of the child). https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm#153.002
• Family Code §157 (enforcement & contempt). https://statutes.capitol.texas.gov/Docs/FA/htm/FA.157.htm
• Penal Code §25.03 (interference with child custody). https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm#25.03

Glossary: Withholding A Child From Another Parent Without Court Order in Texas

• Conservatorship: Texas’s word for custody—who makes decisions and where a child lives.
• SAPCR: Suit Affecting the Parent‑Child Relationship—the lawsuit used to get custody, visitation, and support orders.
• TRO: Temporary Restraining Order—short‑term order (about 14 days) to prevent harm until a hearing.
• Habeas corpus (child): A court order to return a child to the rightful possessor.
• UCCJEA: Law that decides which state controls a custody case (usually the child’s home state).
• Standard Possession Order (SPO): Texas’s default visitation schedule when appropriate.

Your Next Steps (Free Help Available)

If your child is being withheld—or you fear for your child’s safety—act now:

• Call our North Texas team of child custody lawyers for a free and confidential consultation at (888) 584-9614.
• We can file the right court action (TRO, temporary orders, or habeas) and guide you through DFW courts quickly. Contact us here.
• We’ve helped thousands of Texas families since 2006—we’re here to help you find your path forward.

Disclaimer: This article provides general information and is not legal advice. Reading it does not create an attorney‑client relationship. Laws change, and results depend on facts; no outcomes are guaranteed.