Interference With Child Custody: Texas Penal Code §25.03

The Texas Interference with Child Custody law makes it a crime to take or retain a child in violation of a family court judgment or court order.

The law also prohibits removing a child from the jurisdiction of a court when there is a pending case pertaining to the child’s custody and taking a child outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person. The Interference With Child Custody law applies even if you are the child’s parent.

In addition, a noncustodial parent can violate this law by enticing or persuading a child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child.

The Texas legislature codified this criminal offense in Texas Penal Code Section 25.03. In 2023, the Texas legislature added one subsection of this statute to the list of offenses that have no limitations period. The legislature also added a subsection (e) to the statute specifying that subsection (a)(3) prosecutions are barred if the the conduct that constitutes an offense under subsection (a)(3) also constitutes a Kidnapping offense.

The Penal Code codifies the Texas Interference With Child Custody law under Title 6 “Offenses Against The Family,” Chapter 25 “Offenses Against The Family.” This chapter includes crimes that focus on familial, parent, and spousal relationships. Some of the offenses relate to sexual or violent behavior, while others deal with custody and possession of children. Learn more about the Texas offense of Interference With Child Custody below.

What is the current Texas law about Interference With Child Custody?

The current Texas law defines the offense of Interference With Child Custody in Penal Code Section §25.03 as follows:^[1]

(a) A person commits an offense if the person takes or retains a child younger than 18 years of age:

(1) when the person knows that the person’s taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child’s custody;

(2) when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child’s custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child; or

(3) outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.

(b) A noncustodial parent commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, the noncustodial parent knowingly entices or persuades the child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child.

In 2023, the legislature added a subsection (e) as follows: “(e) If conduct that constitutes an offense under Subsection (a)(3) also constitutes an offense under Section 20.03, the actor may be prosecuted only under Section 20.03.”^[2]

How can I be charged with an Interference With Child Custody offense in Texas?

You can be charged with Interference with Child Custody if the state’s attorneys believe that each of the elements of 25.03(a) as described in the section above have been met.

What is the statute of limitation for Interference With Child Custody in Texas?

The Interference With Child Custody offense has no limitations period under Texas law when charged under subsection (a)(3) – the version of the offense where the child is taken out of the United Staets.^[3]

What is the penalty for a Texas Interference With Child Custody offense?

A conviction for Interference with Child Custody in Texas is punished as a State Jail Felony,^[4] with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to 2 years. Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Interference With Child Custody in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Interference With Child Custody, and judges are also allowed to accept deferred adjudication plea deals.^[5]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[6] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[7]

Do I have to register as a sex offender in Texas if guilty of Interference With Child Custody?

The Interference With Child Custody offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.^[8]

However, the legislature can add this offense to the list at any time. If that happens, people convicted of Interference With Child Custody would have to register, even if the offense did not appear on the list at the time they accepted a deferred adjudication plea (even if later dismissed), pled guilty or were founty guilty.

What level of crime is Interference With Child Custody in Texas?

The Penal Code classifies the punishment for Interference With Child Custody as a state jail felony.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §25.03. This law is current as of the 88th Legislature Regular Session.^2. HB 3025, 88th Legislature (RS), Section 3^3. Code of Criminal Procedure 12.01(1)(J)^4. Texas Penal Code §25.03(d)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^6. Art. 42A.053(c), Texas Code of Criminal Procedure^7. Art. 42A.054(b), Texas Code of Criminal Procedure^8. Code of Criminal Procedure, Article 62.001