Interference with Child Custody Lawyer in Texas
Whether you need to enforce an existing order or defend against allegations of interference, Eaton Family Law’s experienced Texas family law attorneys will fight to protect your parental rights and your child’s well-being.
If you’re dealing with custody interference in Texas, contact us today for a free consultation.
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Texas Penal Code § 25.03: What Is Interference with Child Custody?
Under Texas Penal Code § 25.03, interference with child custody occurs when a person knowingly takes or keeps a child younger than 18 years of age in a way that violates a court-ordered custody arrangement. This is not just a civil issue; it can be considered a criminal offense in Texas.
Specifically, a person commits this offense when they:
- Take or retain a child while knowing it violates the express terms of a court order, judgment, or temporary order that governs the child’s custody.
- Remove the child from the court’s jurisdiction — such as taking the child out of the county or judicial district — when no custody award has been made, and a divorce or custody suit is pending, with the intent to deprive the court of authority over the child.
- Take or keep the child outside of the United States with the intent to prevent the other parent from exercising their possession or access rights, without that parent’s permission.
Additionally, a noncustodial parent commits an offense if they knowingly entice or persuade the child to leave the custody of the custodial parent, guardian, or person standing in the custodial parent’s place, with the intent to interfere with lawful custody.
It’s important to understand that this law applies to anyone, not just parents. Grandparents, other relatives, and even family friends can face charges if they take or fail to return a child in violation of a custody order.
Common Examples of Custody Interference
Custody interference can take many forms, and some situations are more subtle than others. Here are examples Texas courts frequently encounter:
- Withholding visitation. A custodial parent repeatedly refuses to allow the noncustodial parent to see the child during their scheduled possession time.
- Failing to return a child. A parent does not bring the child back at the agreed-upon exchange time and either ignores communication or provides excuses.
- Relocating without permission. A parent moves the child to a different city or state without notifying the other parent or obtaining the court’s approval.
- Convincing the child to leave. A noncustodial parent persuades the child — through text messages, social media, or in-person conversations — to leave the custodial parent’s home during their scheduled time.
- Concealing the child’s whereabouts. A parent or family member hides the child or refuses to disclose where the child is located.
- Blocking communication. While not always prosecuted criminally, one parent systematically preventing phone calls, video chats, or other forms of contact between the child and the other parent can support an enforcement action in family court.
Texas courts take these violations seriously, and the consequences can be severe. To protect your rights and your child, call Eaton Family Law today to consult with a lawyer specializing in Texas family law.
Civil vs. Criminal Consequences in Texas
One of the things that sets custody interference apart from many other family law issues is that it carries both civil and criminal penalties in Texas.
Criminal Penalties
Under the Texas Penal Code, interference with child custody is classified as a state jail felony. A conviction can result in:
- 180 days to 2 years in a state jail facility
- Fines of up to $10,000
- A permanent criminal record
It is worth noting that many law enforcement agencies view custody disputes as civil matters and may be reluctant to make an arrest. In practice, criminal prosecution is more likely when there is a clear, repeated pattern of interference or when a child has been taken out of state or out of the country. However, the possibility of criminal charges is real and should not be taken lightly.
Civil Consequences in Family Court
In many situations, custody interference is addressed through the family court where the original child custody order was issued. Civil consequences can include:
- Contempt of court findings, which may carry fines or jail time imposed by the family court judge.
- Make-up possession time is awarded to the parent who was denied their scheduled access.
- Modification of the custody order, potentially giving the non-offending parent expanded rights or even primary custody.
- Attorney’s fees and court costs paid by the offending party.
- Civil damages, including reimbursement for expenses incurred while locating or recovering the child, as well as compensation for mental suffering and anguish caused by the interference.
- Punitive (exemplary) damages in cases where the offending party acted with malice.
For many Texas families, pursuing enforcement through family court is the most effective path forward when issues of child custody interference arise.
Defenses to Interference with Child Custody
Texas law does recognize certain affirmative defenses that may apply if you’ve been accused of custody interference. These include:
- Valid order defense. The taking or retention of the child was done in accordance with a valid court order granting you possession or access.
- Circumstances beyond your control. You were unable to return the child on time due to unforeseen events — such as severe weather, a medical emergency, or a transportation breakdown — and you promptly notified or made reasonable attempts to notify the other parent.
- Timely return of the child. In cases involving removal from the court’s jurisdiction, a defense may apply if the child was returned within the timeframe established by law.
These defenses require supporting evidence. If you’ve been accused of interfering with a custody order, it’s essential to consult with a family law attorney immediately to protect your rights and build a strong defense.
How a Lawyer Can Help with Child Custody Interference
Whether you’re the parent being denied access to your child or you’ve been accused of interference, having an experienced family law attorney by your side makes a critical difference. At Eaton Family Law Group, here’s how we help:
If Someone Is Interfering with Your Custody Rights
We move quickly to protect your access to your child. Our attorneys can:
- File a motion for enforcement in the family court where your custody order was issued, asking the judge to hold the other party in contempt and impose appropriate penalties.
- Seek a custody modification if the interference is severe or ongoing, requesting expanded possession rights or a change in primary conservatorship.
- Pursue a writ of habeas corpus when a child needs to be returned immediately, and other remedies are too slow.
- Document the interference by helping you organize evidence such as text messages, call logs, emails, and witness statements to build a compelling case for the court.
- Coordinate with law enforcement when criminal reporting is appropriate, while keeping your family court strategy protected.
If You've Been Accused of Interference
False or exaggerated allegations of custody interference are common in high-conflict custody disputes. We can:
- Evaluate the accusations and determine whether your conduct actually meets the legal definition of interference under Texas Penal Code § 25.03.
- Identify and assert defenses, such as proving that unforeseen circumstances prevented the timely return of the child.
- Protect you in family court from enforcement actions that could result in contempt, fines, or changes to your custody arrangement.
- Negotiate resolutions that clarify confusing provisions in the current order and reduce the chance of future disputes.
Other Texas Custody Issues We Help Resolve
Custody interference often intersects with other family law matters. At Eaton Family Law Group, we handle a full range of child custody issues for Texas families, including:
- Child Custody — Establishing initial conservatorship and possession orders that prioritize your child’s best interests.
- Custody Modification — Changing existing orders when circumstances have significantly changed since the last order was entered.
- Custodial Parent Rights — Protecting the rights of the parent who has primary possession of the child.
- Noncustodial Parent Rights — Ensuring meaningful access and possession time for the parent who does not have primary custody.
- Grandparents’ Rights — Pursuing court-ordered access when grandparents are being denied a relationship with their grandchild.
- Protective Orders — Obtaining legal protection for you and your children in situations involving family violence or threats.
- Enforcement — Holding the other party accountable when they refuse to follow court orders related to custody, support, or property.
Call Eaton Family Law Group Today
Custody interference can feel overwhelming, but you don’t have to face it alone. At Eaton Family Law Group, we are committed to guiding Texas families through even the most difficult custody disputes. Our team understands the urgency of these situations and will work diligently to protect your parental rights and restore your time with your child.
Whether you need to enforce a custody order, modify your current arrangement, or defend against interference allegations, we’re ready to help. Contact us today for a free consultation by phone, email, or text. We proudly serve families in Houston, Katy, Sugar Land, Tomball, and throughout the greater Houston area.
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