Your weekend with the kids was supposed to start at 6 PM Friday, but your ex-spouse claims they “forgot” about a school event and will not return the children until Sunday morning. When does selective memory cross the line into criminal interference with child custody? Texas law draws clear boundaries that every divorced parent should understand.
Child custody interference explained
Child custody interference occurs when one parent does not follow the terms of a court-ordered possession and access schedule. This means a parent acts in a way that prevents the other parent from seeing the child or carrying out their parental duties as a judge ordered.
Texas courts issue detailed orders for a reason. Ignoring these orders can have serious consequences.
Common examples of interference
Certain actions frequently lead to accusations of custody interference, such as:
- Failing to return a child: A parent fails to bring a child back at the scheduled time.
- Denying visitation: A parent keeps a child from the other parent during their scheduled possession time.
- Refusing communication: A parent stops the other parent from making phone calls or video chats with the child.
- Taking a child away: A parent moves a child out of the state or a specific geographic area without court permission or agreement.
- Hiding a child: A parent conceals a child’s whereabouts from the other parent.
- Disregarding medical decisions: A parent makes major medical choices for a child without the other parent’s input, despite court orders requiring joint decisions.
These actions disrupt a child’s routine and can cause emotional distress. They also directly violate a judge’s specific instructions.
Penalties for child custody interference
Texas courts treat custody interference very seriously. If one parent violates a custody order, the other parent can ask a judge to enforce it. The judge can order the interfering parent to pay fines, attorney fees, or even jail time in some cases.
A judge may also modify the custody order itself, giving the non-offending parent more rights or changing the possession schedule. In extreme situations, the interfering parent might face criminal charges, a very severe penalty.
Taking action
Child custody issues carry great importance. If you believe the other parent is interfering with your custody rights, or if someone accuses you of interference, act quickly.
Document every violation with dates, times and witnesses. Save text messages, emails and voicemails that show patterns of interference. Contact law enforcement immediately if someone takes your children unlawfully.
These situations require immediate legal action and professional guidance. An experienced family law attorney can help you understand your rights, file appropriate motions and protect your relationship with your children.