Under Texas law, a parent who keeps a child in violation of a custody order can face a state jail felony for interference with child custody, in addition to contempt sanctions from the family court that issued the order. Those issues are drawing national attention after reports involving former Survivor: China contestant Jaime Dugan, 41. According to Entertainment Weekly and the New York Post, citing court records first reported by the Daily Mail, Dugan allegedly failed to return her 16-year-old son to his father, her ex-husband and fellow Survivor alum Erik Huffman, after a weekend visit on August 30. A Spartanburg County, South Carolina family court judge later found her in contempt, suspended her visitation, granted Huffman sole custody, ordered her to surrender the teen’s passport, and ordered her immediate arrest. The teen has been described as missing and endangered, and the FBI has said it does not comment on the existence of any investigation. No criminal charge has been publicly reported, and Dugan is presumed innocent of any crime. Above all, the priority in any case like this is the child’s safe return. The matter is governed by South Carolina law, but Texas has clear parallels.
The following is general legal commentary from L & L Law Group, PLLC on how Texas law treats these issues in Collin County and across the Dallas-Fort Worth area. It is not legal advice about any specific case, and anyone accused of a crime is presumed innocent unless and until proven guilty.
Is Keeping a Child Past Visitation a Crime in Texas?
It can be. Under Texas Penal Code Section 25.03, a person commits interference with child custody by taking or retaining a child younger than 18 when the person knows that doing so violates the express terms of a court judgment or order, including a temporary order, that sets custody or possession. The offense is generally a state jail felony, punishable by 180 days to two years in a state jail and a fine of up to $10,000. The law also covers taking a child out of the court’s geographic area while a custody case is pending. Not every late return is a crime; prosecutors must prove the person knowingly violated a clear order.
What Can a Texas Family Court Do When a Parent Violates an Order?
A great deal. Under Chapter 157 of the Texas Family Code, the parent with the right to possession can file an enforcement action asking the court to hold the other parent in contempt. Penalties for each violation can include up to six months in jail and a fine of up to $500, along with attorney’s fees. Courts can also modify custody, restrict or suspend visitation, require a bond, and order the surrender of a child’s passport. When a child is being withheld, Texas courts can issue writs of habeas corpus and writs of attachment directing law enforcement to locate the child and bring the parties before the court.
How Do Texas Courts Handle Custody Orders From Other States?
Texas follows the Uniform Child Custody Jurisdiction and Enforcement Act, codified in Chapter 152 of the Texas Family Code. That law allows a valid custody order from another state, like South Carolina, to be registered and enforced in Texas, and it includes expedited procedures for returning a child to the parent entitled to custody. In emergencies, a Texas court may issue a warrant to take physical custody of a child if there is evidence the child is likely to suffer serious harm or be removed from the state.
Can a Parent Be Charged Even If They Believe They Are Protecting the Child?
Possibly, which is why acting through the courts matters so much. Texas law recognizes limited defenses in custody interference cases, and the specific facts, including why a child was kept and whether the parent promptly sought help from a court or law enforcement, can affect both prosecution decisions and family court outcomes. A parent with genuine safety concerns should seek emergency relief from a family court immediately rather than withholding the child, because self-help can lead to criminal exposure and a loss of custody rights.
What Should a Parent Do If the Other Parent Will Not Return a Child?
Act quickly and document everything. In Texas, the parent entitled to possession can contact local law enforcement with a certified copy of the custody order, file an enforcement or habeas corpus action in family court, and in serious cases, ask the court for emergency orders. If there is a risk the child could be taken out of the country, the parent can also ask the court to require surrender of passports and can enroll the child in the U.S. State Department’s passport alert program.
How L&L Law Group Can Help
L & L Law Group, PLLC represents clients in Frisco, Collin County, and throughout the Dallas-Fort Worth area in matters where family court and criminal law overlap, including custody enforcement, contempt proceedings, and interference with child custody charges. Whether you need to enforce an order and secure a child’s return or you are facing allegations yourself, our attorneys can move quickly and protect your rights. Contact L & L Law Group for a confidential consultation.
Is interference with child custody a felony in Texas? Yes. It is generally a state jail felony under Penal Code Section 25.03, separate from any contempt penalties a family court may impose.
Can police make the other parent return my child? It depends on the order and the circumstances. Officers often look for a clear, certified custody order, and many parents need a court-issued writ to compel a return.
Can an out-of-state custody order be enforced in Texas? Yes. Under Family Code Chapter 152, a valid order from another state can be registered and enforced in Texas courts.