The Texas Senate unanimously passed SB 2794 on March 31, 2026, creating a "three strikes" penalty system for custody interference that escalates a third violation to a state jail felony carrying up to 2 years in prison and a $10,000 fine. The bill also removes the word "noncustodial" from Tex. Fam. Code § 25.03, meaning both custodial and noncustodial parents now face prosecution for interfering with court-ordered possession schedules.
| Key Facts | Details |
|---|---|
| What happened | Texas Senate unanimously passed SB 2794, creating graduated penalties for custody interference |
| When | March 31, 2026 (Senate vote); now heads to the Texas House |
| Who is affected | All parents subject to Texas custody orders, both custodial and noncustodial |
| Key statute amended | Tex. Fam. Code § 25.03 (Interference with Child Custody) |
| Penalty structure | 1st offense: Class C misdemeanor ($500 fine); 2nd offense: Class B misdemeanor (up to 180 days jail, $2,000 fine); 3rd offense: State jail felony (180 days to 2 years, $10,000 fine) |
| Current status | Passed Senate unanimously; awaiting Texas House committee assignment |
SB 2794 Fundamentally Changes How Texas Prosecutes Custody Violations
For decades, custody interference in Texas has been treated as a relatively minor offense under Tex. Fam. Code § 25.03. A parent who repeatedly denied court-ordered visitation faced the same Class C misdemeanor on the fifth violation as on the first. That framework gave repeat offenders little reason to comply. SB 2794 replaces that static penalty with a graduated system that treats chronic interference as an increasingly serious criminal matter.
The bill passed the Texas Senate with a unanimous vote, as reported by Lewis and Ashworth, signaling broad bipartisan agreement that the existing enforcement mechanism was inadequate. The legislation now moves to the Texas House for consideration during the 2026 session.
The practical shift here is significant. Under current law, a parent who withholds a child from the other parent's scheduled weekend faces a citation-level offense comparable to a traffic ticket. Under SB 2794, that same parent faces a felony conviction on the third offense, which carries collateral consequences including potential loss of professional licenses, firearm restrictions, and a permanent criminal record.
How the New Three-Tier Penalty Structure Works Under Texas Law
SB 2794 amends Tex. Fam. Code § 25.03 to create three distinct penalty tiers based on the number of prior convictions for custody interference:
- First offense: Class C misdemeanor, punishable by a fine up to $500 with no jail time
- Second offense: Class B misdemeanor, punishable by up to 180 days in county jail and a fine up to $2,000
- Third and subsequent offenses: State jail felony, punishable by 180 days to 2 years in a state jail facility and a fine up to $10,000
The escalation from a $500 fine to potential imprisonment within three violations represents the most aggressive custody enforcement framework Texas has adopted. Under Tex. Penal Code § 12.35, a state jail felony conviction cannot be probated below 180 days of confinement, meaning a judge must impose at least 6 months of incarceration upon conviction at the felony level.
Critically, SB 2794 removes the word "noncustodial" from the statute. Under the current version of Tex. Fam. Code § 25.03, only noncustodial parents can be charged with interference. The amended statute applies equally to both parents. A custodial parent who refuses to surrender a child for the other parent's court-ordered possession period now faces the same criminal exposure as a noncustodial parent who fails to return a child.
What This Means for Texas Custody Cases Going Forward
This bill changes the calculus for every parent involved in a contested custody arrangement in Texas. Several practical consequences are worth understanding:
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Document every custody exchange meticulously. Text messages, emails, GPS timestamps, and witness statements become potential evidence in criminal proceedings, not just family court motions. Parents should maintain a written log of each exchange with dates, times, and any deviations from the court order.
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Understand that "interference" includes more than physical withholding. Under Tex. Fam. Code § 25.03, interference also covers taking or retaining a child outside the geographic restrictions of a custody order and making unauthorized international travel with a child. SB 2794's graduated penalties apply to all forms of interference defined in the statute.
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Recognize that prior convictions stack permanently. The bill does not include a lookback period limiting which prior convictions count toward the three-strike threshold. A first conviction in 2027 and a second conviction in 2032 would still make a 2035 violation a felony. Parents cannot "reset the clock" by staying compliant for a period of years.
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Consider the collateral consequences of a felony conviction. A state jail felony in Texas triggers mandatory reporting on background checks, potential loss of certain professional licenses, prohibition on firearm possession under both state and federal law, and possible impacts on future custody modification proceedings under Tex. Fam. Code § 156.101.
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Both parents are now equally exposed. The removal of "noncustodial" from the statute eliminates what had been an asymmetric enforcement tool. A custodial parent who cancels the other parent's holiday possession, relocates without proper notice, or enrolls a child in activities that conflict with the possession schedule faces the same graduated criminal penalties.
Frequently Asked Questions
Is SB 2794 already law in Texas?
No. SB 2794 passed the Texas Senate unanimously on March 31, 2026, but still requires passage by the Texas House and the governor's signature. If enacted, it would take effect September 1, 2026, consistent with the standard effective date for Texas legislation passed during regular session. Only violations occurring after the effective date would be subject to the new penalty structure.
Can a custodial parent be charged under the new law?
Yes. SB 2794 specifically removes the word "noncustodial" from Tex. Fam. Code § 25.03, making both custodial and noncustodial parents subject to prosecution. A custodial parent who refuses to allow court-ordered visitation faces the same graduated penalties, including a state jail felony on the third offense carrying up to 2 years imprisonment and a $10,000 fine.
What counts as custody interference under Texas law?
Under Tex. Fam. Code § 25.03, interference includes taking or retaining a child in violation of a custody order, hiding a child from the other parent, taking a child outside the court-ordered geographic restriction, and making unauthorized international travel. Each separate incident constitutes a distinct violation that counts toward the three-strike threshold established by SB 2794.
Does the three-strike count reset after a certain number of years?
No. SB 2794 does not include a lookback period or reset mechanism for prior convictions. A parent convicted of a first offense in 2027 and a second offense in 2035 would still face felony charges on a third violation in 2040. Prior convictions for custody interference under Tex. Fam. Code § 25.03 accumulate permanently under the proposed legislation.
How does this affect existing custody orders in Texas?
Existing custody orders remain fully enforceable without modification. SB 2794 changes the criminal penalties for violating those orders, not the orders themselves. Parents with current possession schedules under Tex. Fam. Code § 153.312 (standard possession order) or custom orders do not need to seek modifications. The new penalties would apply automatically to any qualifying violations occurring after the effective date of September 1, 2026.
If you are navigating a custody dispute in Texas or have questions about how SB 2794 might affect your situation, speaking with a local family law attorney can help you understand your rights and obligations under both current law and any changes that take effect later this year.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.