Family Code · §6.501

Custody Interference

Custody Interference is covered under §6.501 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Auto-issued at filing of divorce/SAPCR; Prohibits hiding/relocating children, school withdrawal; Prohibits dissipation of marital assets; Violations may support contempt or §25.03 charge.

Elements you must prove

  • Auto-issued at filing of divorce/SAPCR
  • Prohibits hiding/relocating children, school withdrawal
  • Prohibits dissipation of marital assets
  • Violations may support contempt or §25.03 charge

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Worked examples

Worked example 1

Under §153, the standing order in many counties (typical TRO at filing of divorce / SAPCR) prohibits:

  1. Anything specific
  2. Removing the children from the state, hiding them, withdrawing them from school, or making non-essential expenditures from joint funds; varies by county standing orders Correct
  3. All travel
  4. Any communication with the children
Why: Most Texas counties have automatic standing orders entered at filing of a divorce or SAPCR (suit affecting parent-child relationship). Officers commonly deal with violations in custody disputes.
Statute: Local standing orders (county-specific); Tex. Fam. Code §6.501

Statutory definitions for this topic

Standing order Tex. Fam. Code §6.501; local standing orders
Most Texas counties enter automatic temporary orders at filing of a divorce or SAPCR. Standing orders typically prohibit hiding or relocating children, withdrawing them from school, or making non-essential expenditures from joint funds. Violations may support contempt or criminal §25.03.