The police may enforce a child custody order, but most times, they decline involvement, considering it a civil matter.
Interference with Child Custody as a Crime
However, the police could take action if they choose to. Interference with child custody is considered a crime under Texas Penal Code 25.03 and is defined as taking or retaining a child when the person knows it violates a judgment or order. The offense is considered a state jail felony and is punishable by up to two years in prison.
Egregious Situations
The police usually reserve the charge of interference with child custody for the most severe cases, such as taking a child to another state or country and not returning.
Contacting the Police
If the other parent is interfering with your visitation, it’s crucial to contact the police, even if it’s just to document the interference. Doing so may be necessary if you later decide to go to family court to enforce your visitation. If you are denied possession of your child, you can also go to the police department to file an incident report.
Family Court Remedies
The family court has various remedies for the violation of visitation orders, including jail, modification of the custody order, reimbursement of attorney’s fees, and additional visits.
Call to Action
If you are facing issues related to child custody and need representation, don’t hesitate to reach out to the team at The Blacknall Firm. Our experienced Dallas family lawyers are dedicated to providing the support and guidance you need to protect your rights and your relationship with your child.