Family Code · §25.03

Interference with Child Custody

Interference with Child Custody is covered under §25.03 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Custody Interference" on practice exams.

To prove this offense, the State must establish each of the following elements: Takes or retains a child younger than 18; Knows it violates a court order disposing of custody/possession; OR statutory other circumstances; State jail felony.

Elements you must prove

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

Practice 2 questions on this topic

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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.