Texas Interference with Child Custody Defense Lawyers

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.

Defense Strategies

• Lack of knowledge. The prosecution must prove the defendant knew their conduct violated the custody order. If the order’s terms were ambiguous, if the defendant misunderstood a provision, or if the defendant relied on the other parent’s verbal agreement to modify the schedule, the knowledge element may not be established.
• Necessity defense. If the defendant retained the child to protect them from an immediate threat of harm (ex. the other parent was intoxicated, violent, or creating an unsafe environment) the necessity defense may apply.
• Challenging the custody order. If the custody order relied upon by the prosecution was not properly entered, was not served on the defendant, or does not contain the provisions the prosecution alleges were violated, the charge may fail as a matter of law.
• De minimis violations. A brief delay in returning a child due to traffic, illness, or reasonable circumstances may not rise to the level of criminal “taking or retaining” under the statute.
• Investigating the accuser’s motives. Doug investigates whether the criminal complaint was filed as a tactical move in the custody litigation rather than a good-faith report of criminal conduct.

Protect Your Future — Contact Deandra Grant Law Today

If you or someone you love is facing criminal charges involving a child in Texas, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff has defended clients against serious criminal charges throughout his career. Our firm’s forensic science credentials and 30+ years of criminal defense experience mean you get a level of defense that most firms cannot provide.

Call (214) 225-7117 or schedule an appointment online at texasdwisite.com.