Can I Be Arrested for Withholding My Daughter From a Texas Custody Order?

Attorney Answer

Yes, withholding your daughter from the other parent in violation of your current court order can lead to your arrest, even if you genuinely believe you are protecting her. The safer path, if you have real safety concerns, is to act through the courts and authorities right away rather than making this decision on your own.

Under Texas Penal Code § 25.03, interference with child custody is a criminal offense that can apply when someone takes or keeps a child in violation of an existing custody order, knowing that doing so violates the order's terms. This means that even a parent, not just a stranger, can be arrested and charged for violating a possession or custody order, regardless of their motive, because the order itself is what controls until a court changes it.

Courts do take genuine child-safety concerns seriously, and a parent charged under this statute may have defenses available depending on the facts. But a defense is something raised after an arrest and charge, not something that stops an arrest from happening. Whether any defense would fit your situation is a question for a lawyer who has reviewed your specific facts, so do not count on one in advance as a reason to keep her.

If you have a genuine, current safety concern, here is what protects your daughter and you far better than unilaterally withholding her:

1. Call the police or Child Protective Services immediately if you believe your daughter is in danger right now. Document everything: dates, what happened, and any evidence. 2. File an emergency motion with the family court that issued your custody order. Courts can modify possession quickly, including emergency temporary orders, when there is credible evidence of danger to a child. 3. Talk to a family law attorney today, before taking any action that departs from the current order. An attorney can help you file the right emergency paperwork instead of risking arrest. 4. Keep records of your concerns, including any prior reports, messages, injuries, or witnessed incidents, since courts and CPS act on documented evidence.

Acting through the court protects both your daughter and your own parental rights far better than a unilateral decision to withhold her, which risks criminal charges and could actually hurt your standing in the custody case.

This is general legal information, not legal advice for your specific situation. A Texas family law attorney can help you file an emergency motion quickly if your concern is genuine and urgent.