Can a Parent Kidnap Their Own Child in Texas? What You Need to Know
Your child didn’t show up. You’re texting. Calling. Waiting. Nothing. Then it hits you – your ex has taken them. No warning. No explanation. Just gone.
If this is happening to you right now, stop reading for a second and call Brandi Wolfe. These cases move fast – and so does she.
Every hour matters. Brandi has filed emergency motions and Writs of Attachment the same day. When your child is being withheld or taken in violation of your court-ordered time, it’s not just wrong – it’s illegal. And she knows exactly how to handle it.
This article explains what Texas law says, what rights you have, and how to act fast — but if your child is gone, don’t wait. Reach out now. Brandi doesn’t hesitate — and neither should you.
This isn’t rare. It happens more than most people realize. And it’s not just emotionally devastating – it’s legally serious.
In Texas, what many parents call “kidnapping” is legally known as Interference with Child Custody – and it’s a criminal offense. Brandi Wolfe has handled these emergencies when others won’t. This guide walks you through what Texas law says, what to do if it happens to you, and how to stop it from happening again.
Understanding Parental Abduction in Texas
When a parent takes the child without warning or refuses to return them after their time ends, they may be breaking the law.
Texas Penal Code §25.03 defines Interference with Child Custody as a parent knowingly taking or keeping a child in violation of a custody order. This includes:
- Keeping your child past their scheduled time (especially during summer or holiday possession)
- Taking your child out of state without permission
- Refusing to share the child’s location
It’s a state jail felony, which means jail time, fines, and long-term damage to custody rights.
Quick Tip: Even if you don’t have a formal order yet, the court can still act fast to protect your child.
Immediate Actions to Take
If your child is missing, time matters. Courts move quickly when there’s a clear violation.
- Call the police.
If you have a custody order and it’s not being followed, report it. Request a written report and give law enforcement any relevant documents. - Call your attorney.
Brandi Wolfe has filed emergency motions and Writs of Attachment within hours – and can do the same for you. - Request emergency custody.
If there’s no order or the existing one is vague, the court can issue an emergency modification on short notice. - Start collecting evidence.
Save voicemails, texts, emails, and GPS logs. Documentation wins in court.
Legal Remedies Available for Custody Interference
Texas courts are equipped with strong tools to deal with custody interference – especially when it happens during critical possession times like summer or holidays.
Writ of Attachment
This is an emergency court order that authorizes law enforcement to find and return your child to you immediately. It’s fast, effective, and designed for urgent situations.
A Writ of Attachment is an emergency court order that commands law enforcement to immediately retrieve a child who has been unlawfully withheld and return them to the rightful parent.
It’s typically used when one parent:
- Refuses to return the child after visitation ends
- Takes the child without notice
- Flees or hides with the child in violation of a custody order
Once approved, the court delivers this order to law enforcement- who then locate the child and return them to the custodial parent without delay. It’s a powerful, fast-moving remedy designed for serious cases.
Real Talk: If your child was taken or withheld during your court-ordered time, and you’re getting no cooperation, this is what Brandi Wolfe files – fast.
Emergency Custody Orders
Under Texas Family Code §156.006, a judge can issue an emergency custody order when there’s risk or defiance of an existing order. These can be granted quickly and take effect immediately.
Writ of Habeas Corpus
This motion forces the other parent to show up in court with the child and justify their actions. If there’s no justification, the judge may order immediate return and sanction the offending parent.
Preventive Measures for the Future
Once it happens once, your goal is to make sure it never happens again.
- Tighten your custody order. Add drop-off and pickup times, travel limits, and built-in consequences.
- Request a geographic restriction. Limit the child’s residence to a specific county or region.
- Ask for supervised visitation. If interference happened before, this may be necessary.
- Notify third parties. Provide your court order to schools and caregivers. Make it clear who’s authorized to pick up your child.
FAQs: What Counts as Illegal When a Parent Takes the Kids?
Can my ex be arrested for taking our child if we don’t have a custody order yet?
Not necessarily. Without a court order, both parents typically share rights. But if the situation creates risk or confusion, the court can still intervene through emergency custody.
Is it considered kidnapping if my ex didn’t return the child after summer visit exchanges?
Yes, if there’s an order in place. Failing to return the child is a direct violation and may be charged under Texas Penal Code §25.03.
What if the child is taken out of state without my consent?
This can escalate quickly. If the custody order restricts travel or requires joint consent, your ex may face serious consequences – including felony charges.
He claimed he was “protecting the child.” Is that a legal defense?
Not unless he brings that to court first. Taking matters into his own hands will almost always backfire and may permanently damage his custody rights.
He picked the child up early without telling me. Is that illegal?
If it violates the order, yes. Courts expect exact compliance unless both parents agree in writing.
He won’t tell me where the child is during his parenting time. Can I do anything?
Withholding the child’s location is a common tactic – and courts don’t like it. Keep records and talk to your attorney about modifying the order.
When You Need Someone Who Doesn’t Back Down
Some attorneys avoid high-conflict custody cases – especially those involving emergency orders, Writs of Attachment, or hard-to-prove possession violations. Brandi Wolfe doesn’t.
If your child was taken or withheld during your scheduled time- whether it’s summer, a holiday, or a regular weekend – Brandi will act fast to protect your rights and your child’s safety.
Schedule your emergency consultation now. These cases move quickly. So does Brandi.