Committee considers 3-strikes penalty for repeated interference with court-ordered parenting time

Senator Paxton told the committee Senate Bill 2794 would remove labels such as “custodial” and “noncustodial” from the statute on interference with child custody so the offense applies regardless of which person withholds parenting time.

The bill also creates escalating penalties for repeat offenders — a civil or Class C level for a first offense, an increased penalty for a second offense and a state jail felony for a third — intended to give law enforcement and prosecutors a record to show habitual interference.

Supporters included Robert Garza, an affected parent; Bridal Eggleston and Janice Eggleston, family-law attorneys who said the lack of consistent enforcement forces parents into costly and slow civil processes; Sandra Aguilar, a therapist who described harms to children caught in high-conflict custody disputes; and several parents brought case histories and local statistics to the committee record.

Witnesses urged changing the statutory language to “person” rather than “parent” in order to cover grandparents or other caregivers who withhold children; they also said enforcement guidance to local police is needed because officers often treat custody disputes as civil matters and decline to pursue immediate remedies.

After invited and public testimony, the committee left SB 2794 pending. The committee subsequently reported the bill to the full Senate with a favorable recommendation.