Can a Relative Be Charged With Kidnapping a Child in Texas?

 Posted on September 29, 2026 in Criminal Defense

Most people think of kidnapping as a crime committed by a stranger, but a family member can also face kidnapping charges involving a child. The National Center for Missing & Exploited Children recently reported that family abductions accounted for 4.1 percent of the 28,886 missing-child cases reported to the organization.

Texas law does provide a defense for some relatives. If you are facing kidnapping allegations in 2026, a Plano, TX criminal defense attorney can review the circumstances and explain your options.

What Counts as Kidnapping a Child in Texas?

Texas Penal Code § 20.03 states that a person commits kidnapping by intentionally or knowingly abducting another person. Abduction can involve hiding someone in a place where they are unlikely to be found. It can also involve using or threatening deadly force to prevent the person's release.

Texas has special consent rules when the person being restrained is a child. A child younger than 14 cannot consent to being moved or confined without permission from a parent or another person responsible for the child's care.

Can a Parent or Other Relative Be Charged With Kidnapping a Child in Texas?

A family relationship does not prevent a kidnapping charge. Texas law includes parents, stepparents, siblings, aunts, uncles, and certain other family members in its definition of a relative.

A parent or relative can therefore face charges if their actions meet the legal definition of kidnapping. However, their relationship to the child can provide a defense in some cases.

When Can a Relative Have a Defense to Kidnapping in Texas?

A relative can have a defense to kidnapping when their sole intent was to assume lawful control of the child. The abduction also cannot involve an intent to use or threaten deadly force.

For example, the defense could apply to a parent who takes a child because the parent has the legal right to assume control of that child. A qualifying relative could also raise the defense if the relative takes the child to exercise another lawful right of control.

Custody orders can be especially important when deciding whether a relative had lawful control. Taking or keeping a child in violation of certain custody orders can also lead to a separate charge for interference with child custody.

Can a Parent Be Charged for Violating a Texas Custody Order?

A parent can face criminal charges for violating certain child custody orders. This offense is different from kidnapping.

Under Texas Penal Code § 25.03, a person can commit interference with child custody by taking or keeping a child younger than 18 when they know doing so violates a court order.

A noncustodial parent can also face this charge for persuading a child to leave the person who has lawful custody. Interference with child custody is a state jail felony.

When Does Child Kidnapping Become Aggravated Kidnapping in Texas?

Child kidnapping becomes aggravated kidnapping when the abduction involves certain additional acts or purposes. Under Texas Penal Code § 20.04, this includes abducting a child to hold them for ransom or as a hostage, cause bodily injury, sexually abuse them, or terrorize the child or another person.

The charge also applies when a deadly weapon is used or displayed during the kidnapping. Aggravated kidnapping is typically a first-degree felony. A conviction carries five to 99 years or life in prison and a possible fine of up to $10,000.

What Should You Do After Being Accused of Kidnapping a Relative's Child?

Treat the accusation of kidnapping a relative as a criminal matter even if it began as a family dispute. What you say to police or a parent can become evidence.

Keep any records that could help your attorney understand what happened, including:

• Text messages and other communications
• Custody or visitation orders
• Records showing where the child was taken
• Messages about returning the child

Do not delete messages or ask witnesses to change what they have said. Speak with a criminal defense attorney before answering questions from police.

Contact a Plano, TX Kidnapping Defense Attorney

At The Crowder Law Firm, P.C., we represent clients facing serious criminal charges, including crimes against children. We've secured more than 300 not-guilty verdicts and acquittals for our clients.

If you're facing kidnapping or child abduction charges, contact our Collin County, TX criminal defense lawyers or call 214-544-0061 for a free consultation.

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