Texas Law Interference with Child Custody

02/12/2022por Mentores

If you believe that your ex-spouse, your child`s parent or someone else has interfered with your rights to own your child, you should know that you can take legal action against the alleged perpetrator. (1)?if the person knows that his removal or retention is contrary to the express provisions of a judgment or order, including an interim order, made by a court having custody of the child; Each party must comply with the original custody order. If another party is unaware or clearly violating the order, you can continue the lawful enforcement of the order. You could be charged with obstruction of detention if prosecutors believe that each of the elements of paragraph 25.03(a) described in the section above is met. If you were arrested in North Texas for alleged interference with custody, you should avoid making a statement to authorities until you have an attorney. In the state of Texas, interference with child custody is a state prison designated as a criminal offense in the Texas Penal Code. In some conflicting cases where one spouse is eager to get the other, some parents turn to law enforcement and complain that the other parent violated Texas law by interfering with the custody system. (2) Notwithstanding the breach of a valid order providing for possession of or contact with the child, the actor`s detention of the child was due only to circumstances beyond the actor`s control, and the actor has the other person authorized to possess or have contact with the child, promptly informed of those circumstances or has made reasonable efforts. Regardless, child custody interference in Texas is not just a family or civil matter. It is a crime. In fact, it is a crime to take or keep your child against access or custody orders. According to Texas Penal Code 25.03, a person interferes with custody of a child if they take or retain a child under the age of 18: A conviction for disturbing custody of a child is punishable as a state prison offense2 with a maximum possible fine under Texas law of up to $10,000 and imprisonment for up to 2 years.

Learn more about the differences between crime and misdemeanor levels If you or a loved one is facing a criminal complaint arising from a custody dispute, Varghese Summersett PLLC defense attorneys can provide exceptional legal representation. For example, a non-custodial parent is breaking the law if they “knowingly induce or persuade the child” to leave the custody of the custodial parent, guardian or other person legally recognized as replacing the parent or guardian with custody. (C-2)? Subsection (a)(3) does not apply if, at the time of the offence, the person who takes or retains the child: In Texas, interference with custody is a state prison felony punishable by six months to two years in a state correctional facility and a fine of up to $10,000. Interference with custody can have serious consequences. Not only is it a crime, but family courts could punish the offender by changing a court order and restricting access to the child. (1) The removal or retention of the child was effected on the basis of a valid order providing for possession of or contact with the child; or interference in police custody occurs when laws and order are clearly violated. When the case is brought before a judge, the court determines the seriousness of the offence to determine the severity of the sentence. I am currently helping parents in Fort Bend, Brazoria and Harris counties resolve legal issues related to custody violations. I can help you assess your situation, determine the seriousness of the violation, and guide you through your legal options to stop the offending party.

If an initial custody order is made, all parties must follow certain legal guidelines. The order sets out the roles of the custodial parent and the non-custodial parent, the access and ownership rights of the non-custodial parent, and the timing of visits. Joint restaurateurs with property and access rights follow ownership orders or parenting plans perfectly, or they may agree to share parental leave fairly and flexibly and use the court custody system if a scheduling conflict arises and parents cannot agree on where the children will be. If someone is interfering with custody of your child, or if you want to enforce or vary an access or custody order, VS Family Law Group lawyers can help. Call 817-900-3220 to schedule a consultation with a family law lawyer today. If you or someone you know has been charged with violating a custody order, call Horak Law. Matthew Horak has experience dealing with crimes against the family, including custody violations. He can review the facts of the case and develop a suitable defence plan to undermine the prosecution`s argument. Call Horak Law today to learn more about your legal options at (713) 225-8000.

(3) outside the United States with intent to deprive any person authorized to possess or have access to the child of such possession or access to the child and without that person`s permission. Interference with child custody is a state prison felony punishable by up to two years in state prison and/or a fine of up to $10,000.