Legal Question in Family Law in Texas

can I get arrested if I don't let my children go with thier father.


Asked on 5/28/10, 1:44 pm

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Yes. It's a felony (believe it or not) to "interfere with child custody," which means refusing to surrender your children in compliance with a Court order. It's section 25.03 of the Texas Penal Code (the same penal code that tells us about rape and murder).

I personally know of a case (in Nacogdoches County, 15 years ago) where a woman was arrested, fingerprinted, and charged with a crime for not complying with a visitation order. I bailed her out of jail.

However, the chances of this actually happening are very, very small. Police just don't want to get involved.

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Answered on 5/29/10, 6:52 am
Bob Leonard Bob Leonard Law Group, PLLC

To expand on the original answer (which is correct) even though you will not likely be arrested, the other parent can file a motion to enforce and if the judge finds that you are in contempt of the possession order, then that judge could sentence you to jail. There are certain defenses to contempt and you need a good lawyer if that is filed.

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Answered on 6/02/10, 10:45 am


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