Interference With Child Custody in Texas | Penalties & Defenses

What starts as a custody dispute can quickly turn into a criminal charge in Texas.

Under Penal Code § 25.03, taking or keeping a child—even with good intentions—can lead to arrest and serious consequences. These cases move fast, and once law enforcement gets involved, the situation escalates quickly.

At the Law Offices of Richard C. McConathy, we defend parents and relatives across Dallas–Fort Worth against interference with child custody charges. These allegations often overlap with issues handled by a Dallas Domestic Violence Lawyer, which makes it critical to understand how both areas of law can impact your case.

This guide explains how the charge works, the penalties you may face, and the defenses available to protect your rights.

How Texas Defines Interference With Child Custody

Texas Penal Code § 25.03 makes it a crime to take, retain, or entice a child younger than 18 in violation of a custody order or pending court action. The statute applies to parents, grandparents, step-parents, and any other adult who interferes with lawful custody.

The statute identifies several distinct ways a person can commit the offense.

Violating a Court Order

A person commits interference if they take or retain a child in violation of an existing judgment, temporary order, or final order — and they know about that order. This includes orders from a divorce, a SAPCR, or a protective order.

Taking a Child During a Pending Custody Suit

If a custody case is pending and no party has been awarded custody yet, a parent commits an offense by taking the child out of the relevant geographic area without court permission. The “geographic area” generally means the counties composing the judicial district (or the county for a statutory county court).

Taking a Child Outside the United States

A person commits an offense by taking or keeping a child outside the United States with the intent to deprive the other parent of access. International cases involve overlapping federal law and the Hague Convention, and they are aggressively prosecuted in Texas.

Enticing a Child to Leave a Custodial Parent

A non-custodial parent commits an offense by knowingly enticing or persuading a child to leave the custody of the custodial parent or guardian — even if no force is used.

Penalties Under Texas Penal Code § 25.03

Interference with child custody is a state jail felony in Texas. A conviction can carry:

• 180 days to 2 years in a state jail facility
• A fine of up to $10,000

State jail felonies are not eligible for parole, which means a sentence is typically served in full. A felony conviction also creates a permanent criminal record that affects employment, housing, and parental rights.

If you are facing an allegation of interference with child custody in North Texas, call our Dallas child custody lawyer to discuss your options before responding to law enforcement.

How Prosecutors Build an Interference Case

To convict, the State must prove beyond a reasonable doubt that:

• The accused took, retained, or enticed a child younger than 18
• The accused knew their conduct violated a court order or the law
• The accused acted with the required intent to interfere with custody

Prosecutors rely on documents and digital records: the underlying custody order, text messages, travel receipts, school attendance records, and statements made to family or law enforcement. The case often hinges on what the accused knew about existing orders and what the order actually allowed.

Common Scenarios That Lead to Charges

Interference cases arise from a wide range of fact patterns. Common scenarios include:

• Withholding the child after a visitation period: A parent keeps a child past the time required by the order.
• Moving without permission: A parent relocates outside the geographic area while a custody case is pending.
• Refusing to return a child after a vacation: A summer or holiday visit becomes an indefinite stay.
• International travel: A parent takes a child abroad without consent or court order.
• Persuading a teenager to leave home: A non-custodial parent encourages a child to live with them in violation of the order.
• Grandparent or relative interference: A relative hides a child during a custody dispute.

The criminal exposure exists even when the accused believes they are acting in the child’s best interest.

Defenses to Interference With Child Custody

Several defenses may apply, depending on the facts. Our attorneys analyze each case for the strongest available strategy.

• Three-day return defense: Under Subsection (d), it is a defense to prosecution under Subsection (a)(2) that the actor returned the child to the geographic area within three days after the offense. This is a powerful defense in cases involving a parent who took a child during a pending suit.
• Valid order defense: It is an affirmative defense if the taking or retention was authorized by a valid order providing possession or access to the child. Confusing or contradictory orders are common in custody cases.
• Lack of knowledge of the order: If the accused did not know about the existing order, the State cannot prove the required mental state.
• Circumstances beyond control: For international cases, § 25.03(c-1) allows a defense where retention was due to circumstances beyond the actor’s control, provided the actor promptly notified the other parent.
• No intent to interfere: A delayed return caused by traffic, illness, or a missed flight is not the same as criminal interference.
• Insufficient evidence: The State must prove every element. Vague messages or hearsay may not support a conviction.

How a Criminal Case Affects Family Court

A criminal charge for interference rarely exists in isolation. The same conduct often triggers an emergency motion, a contempt action, or a modification suit in family court. Statements made in one case can be used in the other.

Anything you say to a police officer, a CPS investigator, or even on social media can become evidence in both forums. Coordinating the criminal defense with the family-law strategy is essential to avoid harming your custody position.

What to Do If Your Co-Parent Has Taken Your Child

If your co-parent has violated the custody order, take these steps:

• Document the violation: Save text messages, emails, voicemails, and any communications about the missed exchange.
• Notify law enforcement: Provide them with a copy of the order and a written statement.
• Contact a family lawyer: A motion to enforce or a writ of attachment may be appropriate.
• Avoid self-help: Do not retaliate by withholding the child during your own period — that can make you the next defendant.
• Speak with a criminal defense attorney if you are accused: Even a parent acting in good faith can be charged.

Why You Should Speak With a Texas Defense Attorney

Interference cases involve a tight overlap between criminal law and family law. The wrong move in one case can damage your position in the other. The earlier a defense lawyer is involved, the more options remain — including pre-charge intervention, negotiation for dismissal, or pursuit of deferred adjudication.

Our attorneys have more than 35 years of criminal defense experience in North Texas and regularly defend parents in Dallas, Tarrant, Denton, and Collin Counties. We work with your family lawyer where appropriate and develop a unified strategy that protects both your liberty and your relationship with your child.

Contact a Dallas Domestic Violence Lawyer if your case involves allegations between family members or household relationships, or speak with a Dallas Criminal Defense lawyer for broader criminal charges or complex cases involving multiple offenses—either way, you can reach out for a confidential consultation.

Frequently Asked Questions

Is it custodial interference if the order is unclear?
Not necessarily. The State must prove the accused knew the conduct violated the order. If reasonable parents could disagree about what the order allowed, that ambiguity may be a defense.

Can grandparents be charged with interference?
Yes. The statute applies to anyone who knowingly takes, retains, or entices a child in violation of custody rights, not just parents.

Is it still a felony if the child is returned?
The offense can be charged even if the child is returned. However, returning the child within three days may qualify as a defense to a charge under Subsection (a)(2).

What if there is no court order yet?
A parent generally has equal rights to a child until a court issues an order. Charges may still apply if a custody suit is pending and the child is taken out of the geographic area without permission.

Can a custody-interference charge be expunged?
Expunction is generally not available after a conviction. A successful deferred adjudication or dismissal may allow for an order of nondisclosure or expunction, depending on the outcome.