Family Code · §153.252

Custody Interference

Custody Interference is covered under §153.252 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Defines specific weekends, weekdays, holidays, summer; Establishes who has right to possession at any given time; Officers use to assess legal right at scene.

Elements you must prove

  • Defines specific weekends, weekdays, holidays, summer
  • Establishes who has right to possession at any given time
  • Officers use to assess legal right at scene

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Worked examples

Worked example 1

A Possession Order under Tex. Fam. Code §153 (typical Standard Possession Order or 'SPO') governs:

  1. Custody only
  2. When a non-custodial parent has the right of physical possession of the child — including specific weekends, weekdays, holidays, summer; defines who has rights at any given time Correct
  3. Only weekend visitation
  4. Only school custody
Why: An SPO is the default minimum visitation schedule for a non-custodial parent. Officers responding to custody disputes use the order's terms — and the date/time — to determine who is currently entitled to the child.
Statute: Tex. Fam. Code §153.252–153.317

Statutory definitions for this topic

Standard Possession Order (SPO) Tex. Fam. Code §153.252–153.317
Default minimum visitation schedule for the non-custodial parent — specific weekends, weekdays, holidays, and summer time. Officers responding to custody-exchange disputes use the order's specific dates / times to determine current legal possession.