Under TFC 23.03, does a non-custodial parent break the law if he or she does not show up to the agreed drop-off location with the child, but had informed the custodial parent of this ahead of time, and the child is available for pick-up at the non-custodial parent’s (grandparent) home.
You may be describing a defense under subsection (c-1)(2). Your facts seem to describe a violation of the statute, but would a jury agree to find the violator guilty of a state jail felony? Without a pattern of violations, it may be a hard sell. This crime is committed most every weekend in every jurisdiction, but judiciously chosen for prosecution. To me, contempt of court sounds like a better solution to the problem you describe. TFC 157.001(b); or 42.006, 153.011.
Yes I was thinking something other than criminal prosecution. Especially, if the defendant has no pattern of interfering with a child custody order. Thank you for the input.
