Texas Interference with Child Custody Defense Lawyers

Custody disputes are among the most emotionally charged legal situations any parent can face. When those disputes cross the line into criminal allegations, the consequences escalate dramatically. Under Texas Penal Code §25.03, a parent or other person who takes or retains a child in violation of a court order commits the offense of interference with child custody — a state jail felony that carries 180 days to 2 years in a state jail facility and a fine of up to $10,000.

At Deandra Grant Law, Attorney Douglas Huff defends parents and family members against interference with child custody charges.

What Is Interference with Child Custody?

• 25.03 provides that a person commits this offense if they take or retain a child younger than 18:
• When they know that their taking or retention violates the express terms of a judgment or order of a court disposing of the child’s custody
• When they have not been awarded custody and they know that a suit for divorce or custody has been filed, and they take the child out of the geographic area of the counties composing the judicial district of the court in which the suit is pending

The offense is a state jail felony. If the defendant takes the child outside the United States, the offense is elevated to a third-degree felony (2 to 10 years in prison).

Common Scenarios

Refusing to Return a Child After Visitation

The most common scenario: a parent keeps a child past the court-ordered return time. This may be a deliberate act of defiance, or it may result from a genuine misunderstanding of the custody order’s terms, a flight delay, a sick child, or a communication breakdown between the parents. Prosecutors frequently charge the criminal offense without investigating the circumstances.

Relocating with a Child

A parent who moves with a child to a new city or state without permission from the other parent or approval from the court may be charged with interference with custody. This is particularly common when a parent relocates for a job, to be closer to family, or to leave an unsafe living situation, all of which may be reasonable decisions that the prosecution characterizes as criminal conduct.

Allegations Driven by Custody Disputes

In high-conflict custody battles, one parent may file criminal charges against the other as a tactical weapon to gain leverage in the family court proceedings, to damage the other parent’s credibility, or to influence the judge’s custody decision. These cases require careful investigation of the accusing parent’s motivations and the timing of the allegation.