Can a parent be charged with kidnapping in Texas? The question usually arises because of a contentious custody order or separation, and while it can be difficult for parents to adjust to life without full custody of their children, if you unlawfully attempt to shield your children from another parent, you can be charged for kidnapping your own children.
While parental kidnapping is a uniquely complex subject, and the outcomes of parental kidnapping cases often hinge on previous civil decisions which are also incredibly private family matters, parental kidnapping usually involves one parent taking a child without the legal right to do so.
If you or a loved one has been accused of parental kidnapping, you’re most likely going to need a criminal defense lawyer in Houston and a family law attorney in Houston to protect your family. Fortunately, we have both. Call Thiessen Law Firm and get all the help you need today at (713) 864-9000.
What is an example of parental kidnapping?
Imagine that a couple is divorced and that after the separation the mother is granted primary custody of their 5-year-old daughter, and the father has her every other weekend. They’re having so much fun during one of the long-awaited daddy-daughter weekends that the father decides not to bring his daughter back to mom’s.
In fact, the father decides to take his daughter to the beach! She misses him and he feels like she deserves a treat. The kid wants to go, the father wants to take her, and everyone is happy with their idyllic extended weekend — except for mom. No one bothered to let her know of their plans to head out of town, and she couldn’t get in contact with her ex-husband.
In taking the child away from the primary custodian, this father not only violated his custody agreement, but he also broke the law and could be charged by the state of Texas for kidnapping his daughter.
What is a custodial abduction?
Custodial abduction is a term that is often used interchangeably with parental kidnapping. It also refers to the act of a parent or guardian keeping a child from another parent or guardian in violation of a custody order or agreement.
The term “custodial interference” is used when a parent violates a custodial order, but the criminal charge in Texas is called kidnapping.
What is the difference between kidnapping and abduction?
Speaking of terms that are often used interchangeably, kidnapping and abduction are almost synonymous outside of the legal world, but there are important differences between the two.
- Kidnapping is the taking away of a person by force, threat, or deceit, against their will, which may be done for ransom or for political or other purposes.
- Abduction, on the other hand, is the taking away of a person by persuasion, fraud, open force, or violence.
Essentially, all kidnappings are considered abductions, but not all abductions can be considered kidnapping. Kidnapping is an abduction within context, or an abduction with motivation.
Although the word kidnapping may seem harsh when you’re talking about your own child(ren), this is how Texas defines the act of taking or shielding your children illegally, no matter how happy you and your little one would be about getting an ice cream at the beach.
Is it considered kidnapping if a parent takes a child from another parent?
Whether withholding a child from another parent in Texas constitutes kidnapping, or interference with child custody, depends on a few factors, but will primarily depend on previous decisions made about custody and each parent’s legal rights to their child.
In the situation that we outlined above, and other situations in which the child is being withheld from the primary custodian, it is likely that taking a child away from their parent will result in charges for parental kidnapping. In cases wherein no formal custody order exists, it can be a lot more complicated.
In such cases, the intent of the parent will play a large role in determining whether or not their behavior constitutes criminal charges. An attempt to deprive a parent who still legally has custodial rights to their child, especially if it involves the child being transported across state lines or out of the country, may still be considered kidnapping even if no custody orders already exist.
Parental kidnapping Texas law
The parental kidnapping laws in Texas are located in Texas Penal Code §25.03, under the section titled “Interference with child custody.” This statute makes it a criminal offense for a person to take or retain a child younger than 18 years old in violation of the terms of a court order regarding custody or visitation.
The Penal Code states that a person commits an offense if they:
- Take or retain a child when they know that it violates a judgment or order, including a temporary order, of a court disposing of the child’s custody; or
- After not being awarded custody, and knowing that a civil suit or application for habeas corpus has been filed, take the child out of the geographic area of the court without the express permission of the court; or
- Knowingly take the child out of the United States in an attempt to deprive the custodial parent of their custodial rights.
The penalties for interfering with child custody, or parental kidnapping, are quite severe and can become even more punitive if the circumstances of the case warrant it. If a child is retained for an inordinate amount of time, crosses state lines, or is taken out of the country, you can expect a lot more than a slap on the wrist for taking them.
Learn more about family law in Texas:
What are the penalties for parental kidnapping in Texas?
Parental kidnapping, or interference with child custody, under Texas Penal Code §25.03 is a state jail felony. This charge can be upgraded or aggravated depending on the circumstances of the arrest. If the parent who abducted the child has prior criminal convictions, used a deadly weapon during the commission of the crime, or abused the child in any way the prosecution will likely turn up the heat. The punishments for felony charges in Texas are enumerated below.
| Charge | Maximum fine | Jail time |
| State jail felony | $10,000 | 180 days – 2 years |
| Third degree felony | $10,000 | 2 – 10 years |
| Second degree felony | $10,000 | 2 – 20 years |
| First degree felony | $10,000 | 5 – 99 years |
| Enhanced first degree felony | $10,000 | 5 years – life in prison |
If you or a loved one has been charged with parental kidnapping in Texas, you need to speak to an experienced and aggressive criminal attorney before it’s too late. Don’t wait to contact an attorney: you’ll likely have high-stakes civil and criminal matters to deal with, which put your life and your family on the line.
Contentious custody battle? Criminal charges? Thiessen Law Firm can help with all of that.
Can a parent be charged with kidnapping in Texas? Yes, especially if there are pre-existing court orders from a separation or custody battle. Texas laws are intended to protect the rights of custodial parents first and foremost, and can therefore be incredibly punitive on non-custodial parents. Unfortunately, if you aren’t the primary custodian and you’ve been accused of interfering with your child’s custody, the deck is stacked against you.
Whether you need a custody attorney in Houston or a criminal lawyer to defend your rights, Thiessen Law Firm can help. Mark and Taly Thiessen have made a name for themselves by protecting Texas families in civil and criminal matters — if you need someone to defend yours, the Thiessens are ready to fight.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online to set up a consultation.
More Helpful Articles by Thiessen Law Firm:
- How to Arrange Child Support Modification in Texas
- How are Assets and Debt Divided in Divorce in Texas?
- In a Texas Divorce, Who Gets the House?
- Fathers’ Rights in Texas
- How Does Joint Custody Work in Texas?
