Title 6 Offenses Against The Family

**It is our recommendation if you have a problem with visitation. and your case is in the State of Texas, to bring your order and a copy of this Penal Code with you when you attempt your visitation. If your case is outside the State of Texas, check with the state in which the case is being held to see if they have a similar Penal Code.**

25.03 Interference With Child Custody

(a) A person commits an offense if the person takes or retains a child younger than 18 years when the person:

(1) knows that the person?s taking or retention violates the express terms of a judgment or order of a court disposing of the child?s custody; or

(2) has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child?s custody has been filled, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child.

(b) A non-custodial parent commits an offense if with the intent to interfere with the lawful custody of a child younger than 18 years, the non-custodial parent knowingly entices or persuades the child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child.

(c) It is a defense to prosecution under Subsection (a)(2) that the actor returned the child to the geographic area of the counties composing the judicial district of the court is a district court or the county if the court is a statutory county court, within three days after the date of the commission of the offense.

(d) An offense under this section is a state jail felony.

25.031 Agreement to Abduct From Custody

(a) A person commits an offense if the person agrees, for remuneration or the promise of remuneration, to abduct a child younger than 18 years of age by force, threat of force, misrepresentation, stealth, or unlawful entry, knowing that the child is under the care and control of a person having custody or physical possession of the child under a court order or u under the care and control of another person who is exercising care and control with the consent of a person having custody or physical possession under a court order.

(b) An offense under this section is a state jail felony.