Child custody agreements are often a source of substantial contention between divorcing parents. Ideally, each parent focuses on the best interests of the child, which is the driving goal for any family court judge who finalizes the custody arrangement. Yet, in some instances, one parent may decide to disobey the agreement and the law by transporting the child somewhere without permission, causing upheaval and distress.
At Terry & Roberts, our Pearland child custody lawyers have significant experience in managing all aspects of custody matters. We believe in educating our clients and the community about important concerns and provide this guide to parental kidnapping under Texas law.
How Texas Defines Parental Kidnapping
In adversarial divorces, one parent may request sole custody because they fear for their children’s safety in the other parent’s care or home. They may seek emergency restraining orders and successfully win limited visitation to minimize the risk of harm. In other situations, the co-parenting relationship between divorced parents could degrade over time after formerly peaceful child custody arrangements.
Parental kidnapping is defined under Texas Penal Code Section 25.03 as Interference with child custody and takes place when one parent takes a child under age 18 either outside the counties included in the issuing court’s jurisdiction or outside the United States without the other parent’s knowledge and permission. There can be many reasons why one parent travels with a child in this manner, but it is a felony and comes with stiff penalties.
Although most cases involve transporting the child out of the jurisdiction, state, or country, a parent may have grounds to seek charges if the other parent regularly keeps the child in violation of the agreement.
The important factor is that the child is knowingly kept from the other parent in a manner against the court-ordered custody arrangement.
Penalties for Parental Kidnapping
Those convicted of parental kidnapping may spend up to two years in jail and pay fines of up to $10,000. If they also committed other crimes, such as using a weapon during the kidnapping, threatening or assaulting other adults, endangering the child, or abusing the child, they may face additional jail time and more fines.
How You Can Minimize the Risk of Parental Kidnapping
When couples divorce on amicable terms, they may feel they don’t need to waste time and money on getting a formal custody agreement. However, it’s vital that you never take chances with your child’s safety since your former spouse may change their mind later for various reasons. Working with a knowledgeable family law attorney is worth the effort and financial expenditure to protect your rights and your child.
If you do not have a formal custody arrangement ordered by a court, you have very few options if the other parent leaves the state with your child against your wishes. With no agreement, each parent has full custody rights with no restrictions, limiting your ability to press charges or receive police assistance.
Your best option is to sit down with a child custody attorney during the divorce process and craft a satisfactory agreement that you present to the court for a ruling. The judge has the final say, but you are allowed to present evidence supporting your requests. It’s best to discuss “what if?” scenarios with your lawyer so you can include contingency clauses in the event your parenting relationship changes.
What if Someone Else Has Kept Your Child Away From You?
It’s more and more common for parents to rely on extended family members for help with childcare, especially after divorce. Although children are technically in their parent’s possession at the time of visitation or custody, a grandparent or parental sibling might be authorized to pick them up from school or care for them while the parent works. Usually, there’s no worry, but what if that other caretaker is the one keeping your child away from you?
The Texas Family Code Chapter 42 addresses these situations, saying that anyone who takes a child, keeps a child, or conceals their whereabouts in violation of a court-ordered custody agreement can be charged with a state felony of liability for interference of possessory right or aiding and assisting with that interference. Again, the circumstances will determine whether the offense was committed, so a grandparent losing track of time may not qualify, but intentionally keeping or traveling with children could.
Other factors that could influence whether the other person is charged include their knowledge of the agreement’s terms, their intent to violate the order, and any efforts they made to keep, conceal, or transport the child. Collecting evidence to demonstrate these factors will be vital to your case if you must pursue legal action against either the other parent or another person. A skilled family law attorney can help you manage this process and develop your claim appropriately.
Take Action Immediately if You Suspect Parental Kidnapping
If you believe the other parent has violated your custody agreement and kidnapped your child, contact the Texas Department of Family & Protective Services (DFPS) to report the situation. You should also notify the local authorities with a description of the other parent, the child, and a copy of your custody agreement. Speak with your lawyer to determine any other actions you should take.
On the other hand, it’s important to exercise caution in some instances before acting, especially if there hasn’t been a reason to suspect wrongdoing before. The other parent may have valid reasons for taking the child outside the jurisdiction or keeping them beyond their allotted time, and these can be examined once the child is safe. For example, they may have had car trouble, been stuck in traffic, or experienced some other situation out of their control.
In many cases, you will notice when the other parent’s behavior becomes worrisome before they take drastic action. You may argue more, the other parent may marry someone new who influences their thinking, or they may be getting less and less careful about sticking to the agreement without talking through it with you first.
If they are violating the arrangement regularly, it may be time to discuss a child custody modification or enforcement measures with your divorce lawyer.
Learn More About How Terry & Roberts Can Help You During Divorce and Child Custody Proceedings
At Terry & Roberts, our experienced child custody attorneys are committed to helping you rationally sort through all the complexities of divorce, child support, and child custody in a way that satisfies everyone’s needs. Just like the Texas family courts, we focus on ensuring your children’s best interests come first and work to protect their rights, as well as those of parents who suffer from domestic violence. We do not rest until you have the documents you need to move forward safely into the next chapter of your life.
If you are concerned about the risk of parental kidnapping by your former spouse, do not wait to get help. Contact Texas DFPS and the police, and then call our firm to arrange a consultation so you can discuss your legal options. We are standing by to guide you through all aspects of family law and help you keep your children free from danger or trauma.