Parental Kidnapping Attorney in Texas

Are you concerned about parental kidnapping in Texas? Whether you have an emergency involving a missing child or you have concerns about the risk of abduction in the future, our experienced attorneys can act quickly and give you the advice you need. We understand that time is essential when your child's safety is at risk.

Parental Kidnapping Under Texas Law

Parental kidnapping occurs when one parent takes a child without the other parent’s consent or in violation of a court order. Under Texas law, interference with child custody is a serious offense. The Texas Penal Code defines this as a state jail felony in many cases, with more severe penalties if the child crosses state lines or is taken internationally.

In child custody proceedings, courts prioritize the child’s best interests. When one parent violates a custody order by taking or retaining a child improperly, this action can be considered kidnapping, even if the person commits the offense is a biological parent.

Preventing Parental Kidnapping

In some child custody cases, there can be a legitimate fear that one parent takes the child without permission. Although parental kidnapping is rare, there are warning signs to watch for:
- One parent has violated court orders in the past
- Strong family connections exist in another state or country
- Evidence of family violence in the home
- Threats to take the child from the custodial parent
- Previous attempts to interfere with the other parent’s access
When these risk factors exist, Texas family law allows a court to put protective measures in place. An important step is to establish a clear custody agreement through a written child custody order. This court order will set out detailed rules about when each parent has possession of the child.

The custody order can require:
- Supervised visitation in a secure setting
- Surrender of the child’s passport
- Financial deterrents such as posting a bond
- Specific geographic area restrictions
- Regular check-ins with the court
If you suspect parental kidnapping might occur, a knowledgeable family law attorney can help you assess the risk and implement legal options to protect your child.

When Parental Kidnapping Happens

When parental abduction happens, immediate action is crucial. The court system offers several remedies:

A judge can sign an emergency order giving law enforcement the power to find and return the child
Child Protective Services may become involved if child abuse is suspected
In extreme situations, federal authorities may assist, especially if the kidnapping parent crosses state lines

If there is already a court order in place, the court can conduct an enforcement hearing. The parent who violated the order may face additional jail time and other penalties for parental kidnapping. Under Texas law, if a noncustodial parent commits this offense, they may face:

State jail felony charges
Civil suit from the custodial parent
Loss of future custody rights
Contempt of court charges

In cases where a deadly weapon is involved or other crimes are committed during the kidnapping, penalties may increase to first degree felony charges.

Legal Assistance for Parental Kidnapping

The attorneys at Thompson Salinas Londergan LLP have many years of experience preventing child abductions and securing the return of children who have been kidnapped. We understand how devastating these situations can be for the custodial parent and the child.