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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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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.
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