Parental Kidnapping in Texas

How Does Texas Define Parental Kidnapping?

It’s against Texas law for a noncustodial parent to knowingly entice or persuade a child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian. Even if you’re the biological parent and the child wants to be with you, it’s still illegal, and you could face felony kidnapping charges.

Parental Kidnapping – Penal Code Sec. 25.03

Parental kidnapping, also known as interference with child custody, occurs in Texas under the following conditions:

1. If a parent takes or keeps a child under 18 years old and knows that this action goes against a court order or judgment regarding the child’s custody.
2. If a parent who doesn’t have custody of the child, and knows there is an ongoing divorce or custody case, takes the child out of the designated area without the court’s permission, intending to avoid the court’s authority.
3. If a parent takes the child out of the country without the other parent’s permission, intending to prevent the other parent from having access to or custody of the child.

It’s illegal in Texas for a non-custodial parent to knowingly persuade or entice a child to leave the custodial parent or guardian. Even if you’re the biological parent and the child wants to be with you, it’s still illegal, and you could face felony kidnapping charges.

Even if you’re the biological parent and the child wants to be with you, it’s still illegal, and you could face felony kidnapping charges. If you’re in this situation, consult with a skilled Fort Worth divorce lawyer.

What Should You Do If the Other Parent Has Kidnapped Your Child in Texas?

If you believe that the other parent has kidnapped your child in Texas, take the following steps immediately:

1. Contact Law Enforcement: Call your local police department or sheriff’s office right away. Provide them with any court orders related to custody, a description of your child, and any information about the other parent and their possible whereabouts.
2. Contact a Family Law Attorney: Reach out to a skilled family law attorney who has experience with parental kidnapping cases. They can guide you through the legal process and help you understand your rights and options.
3. Obtain a Court Order: If you do not already have one, obtain a custody order from the court. If you have a custody order, inform the court about the violation and seek enforcement of the order.
4. Notify the Court: Your attorney will file a report with the court that issued your custody order. The court can take legal action against the parent who violated the order.
5. Document Everything: Keep detailed records of all communication, actions taken, and any relevant information about the kidnapping. This can be crucial evidence in court.
6. Seek Support: Consider contacting organizations that specialize in parental kidnapping and abduction cases. They can offer support and resources to help you navigate this difficult situation.

Remember, parental kidnapping is a serious crime, and taking swift legal action is essential to ensure the safe return of your child. If you’re in this situation, consult with a skilled Fort Worth parental kidnapping lawyer immediately.

Can Texas Parents Be Charged Under Federal Kidnapping Laws?

No, parents usually aren’t charged under federal kidnapping laws. Federal kidnapping laws exempt parents from federal charges. Parental kidnapping in Texas will almost always be prosecuted under Texas state law. There is no corresponding federal law that federal agents could pursue.

Federal officials won’t get involved even if the child is taken across state lines. Your Fort Worth parental kidnapping lawyer will explain if, in fact, federal agents should get involved.

Congress added specific language in the federal kidnapping laws (18 U.S.C. § 1201), excluding parents from being charged with federal kidnapping crimes.

A separate federal law, however, prohibits parents from taking a child outside of the U.S. with the intent to prevent the other parent from exercising a legal right to custody or visitation. A conviction for the charge of international parental kidnapping – Title 18 U.S. Code § 1204 – could result in up to three years in federal prison.

The exception to this is if a biological parent had their parental rights terminated by a Texas judge under Texas Family Code §161.001. The exclusion under federal law does not protect that parent.

In fact, under these circumstances, the parent with terminated rights is no longer considered to be a “parent” as defined under federal statute 18 U.S.C. § 1201(a), (h).

What is the punishment for parental kidnapping in Texas?

Under Texas Penal Code §25.03(d), parental kidnapping is a state jail felony punishable by up to two years in jail and a fine of up to $10,000. Texas courts take parental kidnapping charges very seriously.

If in the course of the offense, the parent holds the child for ransom, uses a deadly weapon, or abuses the child, the court is likely to increase the number and severity of the charges and their corresponding punishments. The prosecutor could seek to convict based on separate and independent criminal charges beyond interference with child custody.

Parental Kidnapping in Texas

Parental kidnapping in Texas occurs when a parent takes the child in violation of a judge’s mandate. It doesn’t matter whether the mandate was from a temporary proceeding or formal custody order.

The parent accused of kidnapping can be pursued and arrested by law enforcement for interference with child custody, per Texas Penal Code §25.03.

According to a 2017 study, about 4% of children in the United States experience family abduction or parental kidnapping. Each year approximately three in 1,000 children are victims of parental kidnapping or abduction by a family member.

Interference with child custody is a felony offense in Texas. Has your spouse illegally taken your child?

Our attorneys have over 30 years of experience in Tarrant County. We understand there is nothing scarier than someone taking your child. This post will explain parental kidnapping, punishments, and what you should do if the other parent kidnaps your child.

Can Texas parents be charged under federal kidnapping laws?

No, parents usually aren’t charged under federal kidnapping laws. Federal kidnapping laws exempt parents from federal charges. Parental kidnapping in Texas will almost always be prosecuted under Texas state law. There is no corresponding federal law that federal agents could pursue.

Federal officials won’t get involved even if the child is taken across state lines. Your Fort Worth parental kidnapping lawyer will explain if, in fact, federal agents should get involved.

Congress added specific language in the federal kidnapping laws (18 U.S.C. § 1201), excluding parents from being charged with federal kidnapping crimes.

A separate federal law, however, prohibits parents from taking a child outside of the U.S. with the intent to prevent the other parent from exercising a legal right to custody or visitation.

A conviction for the charge of international parental kidnapping – Title 18 U.S. Code § 1204 – could result in up to three years in federal prison.

The exception to this is if a biological parent had their parental rights terminated by a Texas judge under Texas Family Code §161.001.
The exclusion under federal law does not protect that parent.

In fact, under these circumstances, the parent with terminated rights is no longer considered to be a “parent” as defined under federal statute 18 U.S.C. § 1201(a), (h).

How does Texas define parental kidnapping?

Parental kidnapping cases usually involve a divorce or custody proceeding already in the legal process. In that instance, it’s imperative to find a skillful Fort Worth parental kidnapping lawyer if one hasn’t already been hired.

Sometimes in these scenarios, the divorce or child custody issues are still pending before a Texas civil court. In other cases, signed custody orders may already be on file, which dictates the parent’s custodial limitations.