Police can enforce a child custody order, but most times they don’t.
Most of the time police say it is a civil matter and they are not going to get involved.
The police could get involved if they wanted to. Interference with child custody is a crime.
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Under Texas Penal Code 25.03, interference with child custody is when someone takes or retains a child when that person knows that the taking or retention of the child violates a judgment or order. It is considered a state jail felony, punishable by up to two years in prison.
The police usually reserve this charge for the most egregious situations such as taking the child to another state or country and not returning.
Now, that doesn’t mean that you should not contact the police if the other parent is interfering with your visitation.
You may have to call the police in order to document the interference if you decide to go to family court to enforce your visitation.
The family court has remedies for violation of visitation orders also. The remedies include jail, modification of the custody order, reimbursement of attorney’s fees, and extra visits.
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