Texas interference with child custody — Penal Code § 25.03
Texas interference with child custody is a criminal offense under Penal Code § 25.03. Base conduct is classified as a state jail felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Classification: State jail felony
Punishment range: 180 days to 2 years in state jail facility and up to $10,000 fine under § 12.35; community supervision available; restitution for the costs of recovering the child may be ordered under CCP Art. 42.037
The controlling statute
Texas Penal Code § 25.03 makes it a state jail felony to take or retain a child under 18 from the lawful custody of another in violation of a court order, or to flee with the child outside Texas with intent to deprive a person of court-ordered possession. The statute commonly arises in contested-custody contexts where one parent refuses to return the child or removes the child from the State. It coexists with civil enforcement under Family Code Chapter 157.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 25.03 |
| Cluster | Violent Crimes |
| Classification | State jail felony |
| Range | 180 days to 2 years in state jail facility and up to $10,000 fine under § 12.35; community supervision available; restitution for the costs of recovering the child may be ordered under CCP Art. 42.037 |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 25.03 charge, the State must prove every element beyond a reasonable doubt:
- Defendant took or retained a child under 18
- Removal or retention was knowing or intentional
- Conduct was in violation of an existing court order, or with intent to deprive a person of court-ordered possession
- Defendant knew of the order or that the conduct was unlawful
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Interference with Child Custody case:
- Affirmative defense under § 25.03(c) for return of the child within 3 days to the person entitled to custody
- No valid custody order — pending litigation without a temporary order can negate the prohibition element
- Necessity defense under § 9.22 — flight or retention to protect the child from imminent harm
- Lack of knowledge of the order's terms — the defense applies only when notice was not provided
- Consent of the entitled party — the conservator agreed to the extended possession
- Suppression of warrantless searches of communications between separated parents
Enhancements & collateral consequences
Section 25.03 is a state jail felony, but enhancement to 3rd-degree felony status is possible under § 12.35(c) when the defendant used or exhibited a deadly weapon during commission of the offense. Federal parental kidnapping under 18 U.S.C. § 1204 may be charged when the child is taken across international borders. Civil contempt under Family Code § 157.001 can run parallel.
Key Legal Terms
- Conservator (Fam. Code § 101.012)
- Person appointed by court order to have legal custody and decision-making authority for a child, including managing conservators (sole or joint) and possessory conservators.
- Court-Ordered Possession
- Periods of time during which a parent or other party is entitled to physical custody of a child under a standing order, temporary order, or final decree.
- State Jail Felony (§ 12.35)
- Penalty range of 180 days to 2 years in state jail facility, with up to $10,000 fine; community supervision is presumptively available unless aggravating factors apply.
Frequently Asked Questions
Can a parent be charged with kidnapping their own child?
Is § 25.03 only applicable when there is a court order?
What is the three-day return defense?
Does Texas recognize a parental rights defense?
What happens if I take the child out of Texas?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Interference with Child Custody? Talk to L and L Law Group.
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