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KTSM News – County OKs civil penalty for interfering with child custody order

Posted on September 17, 2024

EL PASO, Texas (KTSM) — The El Paso County Commissioners Court unanimously approved an ordinance on Tuesday, Sept. 17 establishing a civil penalty for interfering with a child custody order, the County said.

The ordinance is designed “to enhance the family court’s ability to address violations of court orders concerning child custody,” the County said.

The new ordinance will allow the El Paso County Domestic Relations Office to request a fine through the family courts of up to $500 for interfering with a child custody order.

“Having practiced in this area for quite some time, I understand the resistance to enforce the criminal aspect of violation of visitation rights,” Commissioner Sergio Coronado said. “This ordinance gives us more alternatives to ensure compliance of judges’ orders of visitation rights and I fully support this.”

Custody interference includes withholding a child from another parent against the terms of the court order, the County said.

Last year, the Texas Legislature passed House Bill 969, which allowed El Paso County “to adopt an ordinance or order that imposes a civil penalty of not more than $500 for interfering with a child custody order.”

Interference with child custody is a criminal offense in Texas punishable by up to two years in state jail and a fine of up to $10,000.

“However, some police departments consider the issue to be a civil matter and outside the scope of their work, leaving the parent with little recourse,” the County said.

The new County order will allow the family courts an option to impose a punishment other than incarceration or community supervision, the County said.

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