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My temporary court order (In Texas) states I pick up child

Resolved Question:

My temporary court order (In Texas) states I pick up child for my visitation at the daycare. If my STBX's family is in town and I go to the daycare to pick up my child and she is not there (I assume my daughters is at my STBX's residence) can I call the police and file kidnapping charges?
(My divorce proceedings started when STBX called from a different state, (her family's residence) saying she needed a little break. Come to find out, her family had come into town, she had filed a change of address, got a new job, and re-licenced her car. She had planed all along to take my daughter and not come back. I get extremely leery when her family is in town that she will take off and leave again.)
Submitted: 6 years ago.
Category: Family Law
Expert:  AttorneyTom replied 6 years ago.



­Please click Accept so that I will receive credit for my time and effort spent responding to your question.


Thank you for your question.


By STBX, I'm guessing that you mean "soon to be ex."


Texas has child kidnapping statutes that deal with such issues. When a parent takes a child contrary to a court order, the parent may potentially be violating Tex. Penal Code § 25.03, Interference With Child Custody, a state jail felony. Further, upon a proper motion, the court can potentially hold such a parent in contempt for such actions.

Tex. Penal Code § 25.03. Interference With Child Custody.
http://www.ndaa.org/pdf/parental_kidnapping.pdf
(a) A person commits an offense if the person takes or retains a child younger than 18 years when the person:
(1) knows that the person's taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child's custody; or
(2) has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child's custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child. (b) A noncustodial parent commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, the noncustodial parent knowingly entices or persuades the child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child. (c) It is a defense to prosecution under Subsection (a)(2) that the actor returned the child to the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, within three days after the date of the commission of the offense. (d) An offense under this section is a state jail felony.


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Sincerely,

T-USA


_____________________________________

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Edited by T-USA on 7/1/2010 at 7:32 PM EST
Customer: replied 6 years ago.
Do I call the police?
Expert:  AttorneyTom replied 6 years ago.



­Please click Accept so that I will receive credit for my time and effort spent responding to your question.


That's a decision only you can make. However, an individual who believes interference with child custody may have occurred can contact law enforcement and law enforcement may pursue the matter.


A state jail felony is no minor issue. Therefore, you may wish to discuss the matter in detail with your attorney prior to taking action to determine whether or not pursuing the matter in that fashion will meet your long term goals. If a parent is incarcerated, it can be difficult to obtain child support from such a parent. Further, other factors may need to be considered.


While I can control the quality of an answer, my control over the content of an answer is restrained by the truth. Please do not shoot the messenger.


Please remember to click Accept and leave Positive Feedback so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does not close the question and you are still welcome to ask follow-up questions if you need clarification.


Sincerely,

T-USA


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information is provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

AttorneyTom and 2 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Relist: Incomplete answer.
I would like to know if I can call the police and file kidnapping charges.