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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100009
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in california and I have sole custody of my son because

Resolved Question:

I live in california and I have sole custody of my son because his father died. I allowed for him to go visit his maternal grandmother and aunt (deceased father's family in Texas) this summer and she is trying to keep him there in texas. I've stated that he must return on a specific date and have paid for this ticket to return. From what I'm hearing their trying to keep him from getting onthe plane. Is that considered kidnapping and/or do they have any rights to keep him if I've requested for his return when it was supposed to be just for a visit.
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am very sorry for your situation. I need to know - and this is very important - has she had the child for close to or more than six months, yet?
Customer: replied 5 years ago.
no she hasn't only since July 9th
Expert:  Ely replied 5 years ago.
Thank you. The reason why I ask is because Texas allows an individual to file for custody if the child has lived with them for six months or more.

Therefore, what you need to do is one/both of the following:

1) Call the police in her city/county and explain the situation. Fax over custody orders, and explain what happened. The police may not intervene since the child was not taken by force or without your knowledge and they may rule it a civil issue. But if they do choose to intervene, they can press her to send the child back, or else possibly face charges.

2) File a suit in Texas using a local attorney. Yes, you may have to travel to Texas or otherwise appear via telephonic hearing (your attorney will set this up). Then the Court will order her to give the child back or else be held in contempt and possibly arrested. Normally, an attorney's demand letter giving her 3-10 days to do this before they file would work.

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