Understanding Custodial Interference Charges in Texas
Key Takeaways: In Texas, custodial interference under Penal Code § 25.03 is a state jail felony, punishable by 180 days to two years in state jail and a fine of up to $10,000. The offense covers knowingly taking or keeping a child in violation of the express terms of a court order, including a temporary order. It also covers removing a child from the court’s geographic jurisdiction while a custody case is pending, with intent to deprive the court of authority over the child, and taking a child out of the country. If a deadly weapon was involved or the person has certain prior felony convictions, the punishment can rise to the third-degree felony range of two to ten years in prison. Under § 25.031, a person who agrees to help abduct a child for payment can face a separate state jail felony charge. Local governments may also be authorized to adopt civil penalties. Courts can issue abduction prevention orders, and parents dealing with a violated order should put their child’s safety first, keep careful records, and avoid retaliation.
Custodial interference in Texas is a state jail felony, with a possible penalty of 180 days to two years in state jail and a fine of up to $10,000. The criminal offense is called "interference with child custody" and appears in Texas Penal Code § 25.03. In some cases the punishment can be enhanced, and a person who agrees to help with an abduction can face separate felony charges. If your co-parent has taken or kept your child against a court order, understanding these penalties can help you choose your next step calmly.
If you are worried about your child’s safety or a violated custody order, legal guidance can help you act with confidence. Angela Faye Brown & Associates helps parents in Austin and Houston protect their children’s stability. Call 713-936-2677 or contact us now to talk about your situation.
What Counts as Interference With Child Custody?
Texas Penal Code § 25.03(a) makes it a crime to take or keep a child under 18 in three main situations:
- Violating a court order: The person takes or keeps the child and knows this violates the express terms of a judgment or court order, including a temporary order.
- Removing the child during a pending case: The person has no court-ordered custody, knows a custody suit, divorce, or habeas corpus proceeding is pending, and takes the child out of the court’s geographic jurisdiction without permission, intending to deprive the court of authority over the child.
- Taking the child out of the country: The person takes the child outside the United States to deprive someone of lawful possession or access, without that person’s permission.
Section 25.03 can also apply to a noncustodial parent who never physically takes the child. Under § 25.03(b), the offense occurs when a noncustodial parent knowingly entices or persuades a child under 18 to leave the custodial parent or guardian, intending to interfere with lawful custody. You can read the Texas interference with custody statute to see how it is worded. Whether conduct meets these elements depends on intent, knowledge, and the exact terms of the order. The statute also includes defenses. For example, it is a defense to the pending-case offense if the child was brought back to the court’s jurisdiction within three days, and some defenses apply when a parent acted to protect the child from family violence.
Civil Violations vs. a Criminal Custody Violation
Not every missed exchange or late drop-off is a crime. Many disputes over possession schedules are handled in family court through enforcement actions under the Texas Family Code. A criminal violation under Penal Code § 25.03 requires more, such as knowingly withholding a child in violation of the express terms of an order or removing the child from the court’s jurisdiction with the required intent. If your ex keeps breaking the schedule, it may help to learn what happens when visitation orders are violated before involving law enforcement.
Custodial Interference Texas Penalties Explained
Under Texas Penal Code § 12.35, a state jail felony carries 180 days to two years in state jail. Section 12.35(b) allows a court to add a fine of up to $10,000. Judges have discretion within these ranges, and community supervision (probation) may be available in some cases.
When the Punishment Can Increase
Under certain circumstances, a state jail felony may be punished as a third-degree felony. Texas Penal Code § 12.35(c) allows this if the person personally used or showed a deadly weapon during the offense or the escape immediately after it. It also applies if the person has certain prior felony convictions, such as offenses listed in Code of Criminal Procedure Article 42A.054(a) or felonies with an affirmative deadly weapon finding. Under Penal Code § 12.34, a third-degree felony carries two to ten years in prison and a fine of up to $10,000.
| Offense Level | Confinement Range | Maximum Fine | Authority |
|---|---|---|---|
| State jail felony (standard) | 180 days to 2 years in state jail | $10,000 | Tex. Penal Code § 12.35(a)-(b) |
| Enhanced to third-degree felony | 2 to 10 years in prison | $10,000 | Tex. Penal Code §§ 12.35(c), 12.34 |
| Local civil penalty | None | $500 | Tex. Fam. Code § 157.551 |
The Local Civil Penalty Option
Since September 1, 2023, Texas cities and counties may adopt a civil penalty of up to $500 for interference with child custody. Texas Family Code § 157.551 authorizes local ordinances or orders that apply to conduct described in Penal Code § 25.03. This gives local governments a non-criminal option that can be used instead of or alongside a criminal charge. Whether your city or county has adopted such a penalty depends on local action, so check local rules or ask an attorney.
Can Someone Who Helps an Abduction Be Charged?
Yes. Texas Penal Code § 25.031 makes agreeing to abduct a child from custody a separate state jail felony. The offense applies when a person agrees, for payment or a promise of payment, to abduct a child under 18 by force, threat, misrepresentation, stealth, or unlawful entry. The person must also know the child is in someone’s custody under a court order, including a temporary order. Hired helpers may therefore face felony charges of their own, and others who help may face liability under the law of parties.
Section 25.031(b) classifies this offense as a state jail felony, so the § 12.35 penalty ranges apply. Prosecutors decide whether to charge each person involved, usually based on the evidence of the agreement and what each person knew.
Prevention Tools in the Texas Family Code
Texas family courts have civil tools that can help prevent custodial interference before it happens. Texas Family Code § 153.501 allows courts to order protective measures when there is a risk of international abduction by a parent or another person with possession or access rights. These provisions sit within Chapter 153, which governs conservatorship, possession, and access, and are separate from the criminal penalties in Penal Code § 25.03.
Texas law may also allow a child involved in a custody dispute to be registered in a state record file. This may help law enforcement locate a child if interference happens. Courts look at specific risk factors, such as ties to another country or past threats to abduct, before ordering protective measures. You can review the international abduction prevention statute to see what measures may be available.
💡 Pro Tip: If you have concerns about international travel, raise them early in your custody case. Courts may consider passport restrictions or travel conditions more readily when a parent presents specific, documented concerns before travel is scheduled.
Protecting Your Child When an Order Is Violated
Your first focus should be your child’s safety, followed by careful documentation. Keep copies of your current court order, along with texts, emails, and a log of missed exchanges. If your child is in immediate danger, contact law enforcement right away. In less urgent situations, a family court enforcement action or mediation may help restore the schedule without escalating the conflict.
Common Challenges Parents Face
Many parents find that police hesitate to step in when the custody order is vague. Clear language about dates, times, and exchange locations makes enforcement easier, and courts generally cannot enforce terms that are not specific. Another common difficulty is a co-parent who leaves the area while a case is pending. Working with a custodial interference Texas lawyer can help you decide whether civil enforcement, a modification, a protective order, or a criminal referral fits your circumstances.
💡 Pro Tip: Avoid self-help measures such as withholding the child in return. Retaliating can undermine your credibility with the court and may expose you to similar allegations.
Frequently Asked Questions
-
Is custodial interference a felony in Texas?
Yes. Under Penal Code § 25.03(d), interference with child custody is a state jail felony, which carries 180 days to two years in state jail under Penal Code § 12.35.
-
Can I face jail for withholding a child?
It is possible. A parent who knowingly keeps a child in violation of the express terms of a court order may be charged under § 25.03, although minor schedule disputes are often handled civilly and certain defenses may apply.
-
What is the maximum fine?
A fine of up to $10,000 may be imposed in addition to confinement under Penal Code § 12.35(b). Local civil penalties under Family Code § 157.551 are capped at $500.
-
Can the punishment exceed two years?
Under certain circumstances, yes. If a deadly weapon was used or shown, or the person has qualifying prior felony convictions, Penal Code § 12.35(c) requires punishment in the third-degree felony range of two to ten years.
-
Does a temporary order count?
Yes. Both § 25.03(a)(1) and § 25.031 expressly cover temporary orders, so violations may matter even before a case is final.
Moving Forward With Clarity and Care
Custodial interference in Texas can lead to serious criminal consequences, including a state jail sentence, fines, and enhanced penalties under certain circumstances. Civil tools such as enforcement actions, abduction prevention orders, and local civil penalties where adopted may also help. The right approach depends on your facts, your court order, and above all what is best for your child.
You do not have to deal with a custody violation by yourself. Angela Faye Brown & Associates works with parents to protect their children’s stability through mediation and, when needed, litigation. Call 713-936-2677 or reach out to our team today.
Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.
