Interference With Child Custody in Texas: Law and Your Options

In Texas, interference with child custody is a crime under Penal Code Section 25.03, and it is a state jail felony. It generally means knowingly taking or keeping a child under 18 in a way that violates a court’s custody order, or removing a child from the area or the country to cut off the court’s authority or another parent’s access. If the other parent is doing this to you, you can enforce your order in court. If you are accused of it, how you respond in the first days matters a great deal.

This guide explains what the statute covers, what prosecutors must prove, the defenses that exist, the civil remedies available to a parent, and the steps to take right now.

TL;DR

• Texas Penal Code Section 25.03 makes it a state jail felony to knowingly take or retain a child under 18 contrary to the express terms of a custody order, among other conduct.
• The offense also reaches certain removals from the court’s geographic area during a pending suit, and taking or keeping a child outside the United States.
• Parents can also seek civil enforcement, including contempt, and may recover damages and attorney’s fees under Family Code Chapter 42.
• A custody order is the foundation of any case. Without clear written terms, there is much less to enforce.
• Document every missed exchange and talk to a family law attorney before you respond, retaliate, or withhold the child yourself.

Table of Contents

• What counts as interference with child custody in Texas
• What prosecutors have to prove
• Penalties and civil consequences
• Defenses and exceptions
• If the other parent is interfering with your custody
• If you have been accused of interfering
• How to prevent disputes before they start
• Our perspective
• Talk to us about your custody order
• FAQ
• Sources

What counts as interference with child custody in Texas

The statute is Texas Penal Code Section 25.03. It describes several different kinds of conduct, and they are not interchangeable. Which one applies depends on whether a court order exists, whether a suit is pending, and where the child was taken.

Violating the express terms of a custody order

The most common situation is a person who takes or keeps a child under 18 when they know that doing so violates the express terms of a court judgment or order. A temporary order counts. Examples include:

• Keeping the child past the ordered return time after a weekend, holiday, or summer period.
• Refusing to hand the child over at the start of the other parent’s court-ordered period.
• Taking the child during a time the order assigns to the other parent.

The word “knows” matters. A parent who misreads an ambiguous schedule is in a different position from a parent who reads the order, understands it, and ignores it.

Leaving the area during a pending custody suit

A second version applies to a person who has not been awarded custody by a court, knows that a divorce suit, a custody suit, or a habeas corpus application about the child has been filed, and takes the child out of the geographic area covered by the court. For a district court, that area is the counties making up the judicial district. For a statutory county court, it is the county. The offense requires that the removal be without the court’s permission and with the intent to deprive the court of authority over the child.

In practical terms, if you are in the middle of a divorce in Montgomery County and the other parent moves the children across the state without permission or a court order, this part of the statute may be in play.

Taking or keeping a child outside the United States

The third version covers taking or retaining a child outside the United States, with intent to deprive a person entitled to possession or access of that possession or access, and without that person’s permission. This is the provision most often tied to international travel that turns into a refusal to return.

Enticing a child away from a custodian

The statute also addresses a noncustodial parent who, with intent to interfere with lawful custody, knowingly entices or persuades a child under 18 to leave the custody of the custodial parent or guardian. This matters for older children and teenagers. A parent who encourages a teen to run away to their home, or tells a child to stay once a visit is over, can create exposure even without physically taking the child.

What prosecutors have to prove

For the first version, prosecutors must show that the person knew the taking or retention violated the express terms of the order. The other versions carry their own mental-state requirements: intent to deprive the court of authority, intent to deprive an entitled person of possession or access, or intent to interfere with lawful custody.

Texas appellate courts have focused on this knowledge element. In Samford v. State, the court discussed whether the defendant knowingly violated an express term of a custody order, and addressed what a defendant must show to receive a jury instruction on mistake of fact.

Two takeaways follow for parents:

1. The order’s wording is evidence. Clear, specific terms make a violation easy to prove. Vague terms make it harder, for either side.
2. Your own messages are evidence. Texts and emails showing that a parent understood the schedule and chose not to follow it are the kind of record that speaks to knowledge.

Penalties and civil consequences

Criminal exposure

An offense under Section 25.03 is a state jail felony. A felony charge can affect more than the criminal case itself. It can bring bail conditions, a record, and the likelihood that a family court will take the allegation seriously when it decides future custody questions. Anyone facing a charge should speak with a criminal defense attorney. We handle the family law side, and we work alongside the criminal case when both are running.

Civil liability under the Family Code

Criminal charges are not the only consequence. Under Texas Family Code Chapter 42, a person who takes, retains, or conceals a child in violation of a possessory right may be held civilly liable for damages. Those can include attorney’s fees, court costs, and compensation for mental suffering or anguish. Exemplary damages can also be awarded when the defendant acted with malice or an intent to cause harm.

That civil route is often the more practical one for a parent who wants their time back and their costs covered, rather than a prosecution.

Effect on future custody decisions

Texas courts decide conservatorship and possession with the best interest of the child as the primary consideration. A parent who repeatedly withholds the child, hides the child’s location, or undermines the other parent’s relationship gives the court a reason to look closely at whether the current arrangement still serves the child. Our article on what Texas courts actually consider when deciding child custody walks through how that analysis works.

Defenses and exceptions

The statute and the Family Code build in several protections. They are specific, so the facts matter.

The family violence exception deserves attention. A parent who leaves with a child to escape abuse should not assume they are protected in every circumstance, and should not wait to get legal help. If safety is the issue, a protective order may be the right first step. Our page on family violence protective orders explains emergency and standard options, and our guide to getting a protective order in Texas covers the process.

If the other parent is interfering with your custody

When a parent refuses to follow an order, the instinct is to call the police, withhold the child in return, or both. Both can backfire. Here is the order of steps we recommend.

1. Get your order in front of you. Read the exact terms: exchange times, locations, holiday rules, and travel provisions. If you have a standard possession order, know which periods apply to you.
2. Keep a log. Write down the date, time, place, what the order required, and what happened. Note any missed exchange, late return, or refusal.
3. Save communications. Keep texts, emails, and app messages. Screenshot them with dates visible. Do not delete anything.
4. Stay calm and in writing. Send a short, polite message stating what the order requires and asking for compliance. Avoid threats.
5. Do not retaliate. Keeping the child from the other parent because they kept the child from you can create your own violation.
6. Call an attorney quickly. Time-sensitive remedies are easier to use when the facts are fresh.
7. Call law enforcement when the child is in danger or you do not know where the child is. An officer can document the situation, even if enforcement of a civil order happens in court.

Enforcement in court

A parent may ask the court to enforce a custody or support order. According to the Texas State Law Library, options include civil or criminal contempt, wage garnishment, property liens, and suspension of state licenses.

Texas Family Code Section 157.001 allows a motion for enforcement to be filed in the court of continuing, exclusive jurisdiction, and contempt is one of the tools it recognizes. There is also a deadline. Section 157.004 requires a motion to enforce possession or access to be filed not later than the sixth month after the date the child becomes an adult or the right of possession or access terminates. Do not wait for that outer limit. Delay makes records harder to gather and can make a pattern look like acceptance.

When the other parent lives out of state

Distance does not erase a Texas order. Texas Family Code Chapter 152 is the Uniform Child Custody Jurisdiction and Enforcement Act. It sets the rules for which state’s court has authority over a custody case and how orders are enforced across state lines, including the concept of home-state jurisdiction. If the other parent has moved the child to another state, the question of where to file and how to register or enforce the order should be answered by an attorney before you act.

If you have been accused of interfering

Being accused does not mean the accusation is accurate, and it does not mean every disagreement is a crime. A late return caused by a breakdown on the road, a misunderstanding about a holiday, or a child who refuses to leave a parent’s home are all different from a deliberate attempt to deprive someone of possession.

What we advise:

• Return the child per the order if you can do so safely. For the geographic removal offense, a return within three days is a statutory defense.
• Do not discuss the case with the other parent or with police without counsel. Statements made in the heat of the moment are easy to misread.
• Gather your own proof. Calendars, travel records, medical notes, and messages that show your reasoning matter.
• Hire a criminal defense attorney if charges are filed or threatened, and a family law attorney for the custody case. The two matters affect one another.
• If safety is the reason for your actions, tell your attorney at the start, so the protective-order and family-violence exceptions can be evaluated properly.

If an order has been entered against you and you are unsure of your obligations, our page on responding to an order against you and our guide to protective order violations in Texas explain the consequences of non-compliance.

How to prevent disputes before they start

Many custody interference disputes begin with orders that leave room for argument. Parents can reduce the risk by building clarity into the order.

• Specify exchange times and places in plain terms, not “reasonable hours.”
• Address holidays, spring break, and summer with a start and end time.
• Set travel rules. State whether out-of-state or international trips need written consent and how much notice is required.
• Name a communication method, such as a co-parenting app, so there is a reliable record.
• Ask for a modification when life changes. A job change, a move, or a child’s new school schedule is better handled by a court-approved update than by a quiet workaround. Our child custody and support practice covers modifications and enforcement.

Our perspective

We see the same pattern again and again: a parent waits, hoping the other parent will return to the schedule on their own. Weeks pass, the missed exchanges pile up, and the record is thin.

Our approach is to give you a clear picture early. We read the order with you, identify exactly which terms were broken, and tell you what a court is likely to do with that evidence. Then we lay out the options in order, from a firm written demand to a motion for enforcement, so you always know where your case stands.

We also know that the parent accused of interference is often scared and acting out of worry for the child. We listen to the whole story, protect your rights, and keep the focus on what the court cares about most: the child’s best interest. Local roots in The Woodlands mean we understand how these matters move through the area’s courts.

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Talk to us about your custody order

Whether you need to enforce an order, defend against an accusation, or rewrite terms that keep causing conflict, we can review your situation and explain your options in plain language. Our child custody and support practice handles custody orders, modifications, enforcement, and paternity cases for families in The Woodlands, Houston, and surrounding communities.

To discuss your case, contact the Law Office of Anna Din and bring your current order, your log of missed or disputed exchanges, and any messages between you and the other parent.

FAQ

Is interference with child custody a felony in Texas?

Yes. An offense under Penal Code Section 25.03 is a state jail felony. Whether a charge applies depends on the specific conduct, the parent’s knowledge, and the terms of the order. A criminal defense attorney can evaluate any charge.

Can I be sued for keeping my child from the other parent?

Yes. Under Family Code Chapter 42, a person who takes, retains, or conceals a child in violation of a possessory right may owe damages, attorney’s fees, and court costs. Exemplary damages are possible when malice or intent to cause harm is shown.

What if the other parent lives in another state and won’t follow our Texas order?

You can still seek enforcement. Texas follows the Uniform Child Custody Jurisdiction and Enforcement Act, which governs jurisdiction and interstate enforcement. An attorney can tell you which court should hear the motion and how to proceed.

Can interfering with visitation cost a parent custody?

It can influence the outcome. Courts treat the best interest of the child as the primary consideration, and a pattern of withholding the child can weigh on that question. Each case turns on its own facts.

What if I left with my child to escape family violence?

The international provision of the statute does not apply when a person entitled to possession or access was fleeing family violence against the child or the person. Talk to an attorney right away, and consider a protective order if you are in danger.

Sources

• Texas Penal Code Section 25.03, Interference with Child Custody
• Samford v. State (2009)
• Texas Family Code Chapter 42
• Texas Family Code Sections 157.001 to 157.265
• Enforcing a SAPCR, Texas State Law Library
• Texas Family Code Chapter 152
• Texas Family Code Chapter 153

Recommended

• Avoid Contempt: Meet Texas Relocation Rules Before Moving a Child
• Nonparent Custody in Texas: Who Can File and What You Must Prove
• Legal vs. Physical Custody in Texas: Who Decides, Where Kids Live
• What Texas Courts Actually Consider When Deciding Child Custody