Parental Kidnapping in Houston, TX

Your children have two parents, and if you and your spouse are divorcing or are divorced, you likely share parental responsibilities between the two of you. The fact is, however, that parents going through divorce sometimes exercise extremely bad judgment and kidnap their children. Such behavior will likely affect the parent’s ultimate custody arrangements and lead to criminal charges. If your children have been kidnapped by their other parent – or if you have been so charged – you need an experienced Houston family law attorney.

Texas Kidnapping Law

Kidnapping is the intentional or known abduction of another person, and in Texas, it is a third-degree felony. A defense to a charge of kidnapping one’s children typically must involve three distinct elements:

The parent did not threaten to use deadly force in enacting the kidnapping.
The parent is indeed the children’s parent.
The parent intended to assume the children’s lawful physical control.

Lawful physical control in the third element refers to the parent’s right to possess the children under pertinent state law, typically the Texas Family Code. A parent’s belief that assuming possession of his or her children is in their best interest is not reason enough. A parent’s beliefs about what’s best for the children don’t factor in; only the parent’s rights as determined by either law or by a court order pertain.

Federal Kidnapping Laws

Federal kidnapping laws are even more harsh than state laws, but the Federal Kidnapping statute exempts parents – specifically – from federal charges of kidnapping their children. If, on the other hand, the offending person is a biological parent whose parental rights have been terminated, he or she is not exempt from federal law, and he or she can be so charged.

Parental Abduction

Along with its state kidnapping laws, Texas has a specific law that addresses parental abductions, and it outlines what it means to commit the offense of interfering with the custody of a child who is not yet 18 (a lesser offense than kidnapping):

When the parent knows that by taking the children, he or she is violating the court’s order disposing of the children’s custody or is violating the court’s express judgment
When the court hasn’t provided the parent with custody of the children, when the parent knows that a case involving the children’s custody has been filed, and when the parent removes the children from the district (if the court is a district court) or from the county (if the court is a county court) without having the permission of the court and to deprive the court of authority over the children

There are, however, several prosecutorial defenses that may apply:

When the person returns the children to the rightful geographic area (either district or county) within three days of committing the offense
If the person taking the children had a valid order providing for possession of or access to the children
If the person’s retention of the children was caused by circumstances beyond his or her control and the parent either provided or attempted to provide notice to the other parent (who is also entitled to possession or access to the children)
If the parent taking the children was entitled to possession or access to the children and was fleeing family violence (actual or attempted) against either the children or himself or herself

It is important to note that interfering with child custody is a state jail felony that can lead to serving between 180 days and two years in state jail and to fines of up to $10,000. A parent’s mere belief that he or she has the right to take his or her children does not make it so. The difference between kidnapping and interfering with child custody is summed up as the difference between kidnapping and what we might call snatching.

Lawful Custody Intent

The law clearly states that there is a lawful custody defense for a parent whose sole intent is to assume lawful control of his or her children. If, on the other hand, it can be shown that the parent’s intent was to terrorize or punish the other parent while attempting to obtain lawful custody, that intent to terrify will disqualify the parent from making a successful lawful custody intent claim.

While the lawful custody defense is commonly employed to defeat parental kidnapping charges, interference with child custody charges may still apply. If the family law court determines that the parent intended not to kidnap the children but instead to interfere with their custody, the court can sanction the parent with contempt orders and require him or her to pay the legal fees incurred by the parent who was attempting to have the children returned.

Parental Kidnapping Law Is Complicated

If your children’s other parent has kidnapped or snatched them, you need an experienced Houston family law attorney on your side. If, conversely, you’ve been accused of kidnapping or snatching your children, you need an experienced Houston family law attorney on your side. These situations are extremely complicated, and you shouldn’t attempt to face them alone. If the situation is an emergency, you don’t know where your children are, or if you are concerned about your children’s safety, do not hesitate to contact the authorities before obtaining experienced legal guidance. Your children’s well-being should and will remain your primary concern throughout this ordeal.

Parental Kidnapping FAQ

Here are answers related to parental kidnapping in Texas:

Can a spouse take a child without permission in Texas?

No, a spouse cannot legally take a child without permission in Texas. If there is a court order or custody agreement in place, taking a child without the other parent’s consent may violate that order, potentially leading to legal consequences including charges related to interference with child custody.

Can a parent take a child out of state without the other parent’s consent in Texas?

In Texas, if there is a custody agreement or court order, a parent may need to obtain permission from the other parent or a court before taking a child out of state. If there is no agreement or order, it’s still recommended to get consent to avoid any allegations of parental kidnapping or custody interference.

What is the penal code for parental kidnapping?

Parental kidnapping is typically addressed under the Texas Penal Code as “Interference with Child Custody” (Texas Penal Code Section 25.03). This offense occurs when a person takes or retains a child when they know that their action violates a judgment or order regarding child custody.

What is considered interference with child custody in Texas?

Interference with child custody in Texas occurs when a person knowingly or intentionally takes or retains a child when they know that this act violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child’s custody.

What is an example of parental kidnapping?

An example of parental kidnapping is when a non-custodial parent takes their child to another location with the intent to prevent the custodial parent from exercising their legal custody rights, without the custodial parent’s consent or a court order.

What is the penalty for kidnapping in Texas?

Kidnapping is generally considered a third-degree felony in Texas, which can result in 2 to 10 years in prison and a fine up to $10,000. If the kidnapping involves a parent or relative, it might be prosecuted as “Interference with Child Custody,” which is a state jail felony, punishable by 180 days to 2 years in a state jail and a possible fine.

What makes a parent unfit for custody in Texas?

A parent may be deemed unfit for custody in Texas if they have issues with substance abuse, a history of child abuse or neglect, a history of domestic violence, untreated mental illness, or any behavior that might adversely affect the child’s physical or emotional health and development.

How can a parent lose custody of their child in Texas?

A parent can lose custody if they are found to be unfit, or if they fail to comply with court orders. Grounds for losing custody can include abuse, neglect, abandonment, long-term incarceration, or persistent failure to provide child support.

What do judges look at in custody cases in Texas?

In custody cases, Texas judges focus on the best interest of the child, considering factors such as:

Each parent’s ability to provide for the child’s physical and emotional needs.
The stability of each parent’s home environment.
Any history of domestic violence or substance abuse.
The child’s wishes (if the child is over 12, they may speak to the judge about their preferences).
The health and safety of the child.
The parents’ current and future parenting abilities.

If You Are Dealing with Parental Kidnapping, You Need an Experienced Houston Family Law Attorney

Child custody arrangements are typically the most emotionally fraught issue of any divorce, and if you are dealing with a parental kidnapping, it can be excruciating. The compassionate family law attorneys at the Rudisel Law Firm, P.C., in Houston, are on your side and are here to help. Your children’s welfare is naturally your primary concern, and our dedicated legal team has the experience, empathy, and skill to advocate for your rights and your children’s well-being aggressively. Please don’t hesitate to contact or call us at 713-781-7775 for a free consultation today.

Contact Today for Your Free Case Evaluation. 713-781-7775

If you find yourself on the verge of divorce, call The Rudisel Law Firm, P.C. We have the knowledge, trial experience, and professional staff necessary to protect you, your family, and your property.