Family Code · §25.03

Interference with Child Custody

Interference with Child Custody (§25.03): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Takes or retains a child younger than 18
  • Knows it violates a court order disposing of custody/possession
  • OR statutory other circumstances

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Worked examples

Worked example 1

Interference with Child Custody under Tex. Penal Code §25.03 (referenced from Family Code custody disputes) is what level of offense?

  1. Class A misdemeanor
  2. State jail felony (default); felony enhancement for taking child out of state or country Correct
  3. Class C misdemeanor
  4. Felony only with deadly weapon
Why: Knowingly taking or retaining a child younger than 18 when (a) the actor knows the taking violates the express terms of a court order disposing of custody / possession of the child, OR (b) certain other listed circumstances. State jail felony.
Statute: Tex. Penal Code §25.03
Worked example 2

SCENARIO. An officer arrives at a custody-exchange call. The mother says the father refused to return their daughter at the exchange time. The order shows the father's possession ended at 6 PM yesterday. What is the typical course?

  1. Make an arrest immediately
  2. Confirm the order's terms; document the dates / times; advise both parties of the civil family-court remedies (writ of habeas corpus / contempt) and document the on-scene facts; if elements of §25.03 are clearly met (knowingly violating express terms with intent), consider felony charge with prosecutor coordination Correct
  3. Refuse to respond
  4. Order the mother to leave
Why: Custody-exchange calls require careful documentation — confirm the order, the date/time, and witness accounts. Civil remedies (writ of habeas corpus / contempt) are usually the primary path; criminal §25.03 is reserved for clear-violation cases coordinated with the prosecutor.
Statute: Tex. Penal Code §25.03; Tex. Fam. Code §157.371 et seq.

Statutory definitions for this topic

Interference with child custody Tex. Penal Code §25.03
Knowingly takes or retains a child younger than 18 when the actor knows it violates the express terms of a court order disposing of custody/possession of the child, OR commits other listed circumstances. State jail felony.