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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
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Experience:  Licensed experienced Attorney
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My wife and I have been caring for her sisters stepson for

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My wife and I have been caring for her sister's stepson for the last month since she had another baby. The boy's biological mother was sent to prison for helping illegal immigrants across the border. She is an illegal herself. My wife and I just found out that she was released from prison three weeks ago and has been looking for her son. The biological father has been keeping his son's location a secret from his mother because he wants him to have a better life in the U.S. Our concern is that we could be accused of kidnapping. Should we take the boy to his biological father and my sister-in-law immediately? Should we keep him tonight because they are not answering the phone? Should we call CPS or law enforcement?

JW - from Texas
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Did biological father had legal custody of the minor child when the child was given to you?

Who gave you this child and asked you to care for the child?

Does biological mother still have legal custody of the minor child?
Customer: replied 3 years ago.

The biological father's mother (the child's grandmother) received temporary custody of the child when his mother was arrested. He is autistic, and is so difficult to handle that she gave him over to the father. The father and stepmother asked us to please keep him for a few months after the birth of their daughter. His father has initiated the legal paperwork for full custody of the boy, but it has not been completed because they do not have the money to pay court costs. We had no idea that the boy's mother was released from prison and is looking for him. She is being discrete because she is not a U.S. citizen and wants to take him with her to Mexico.

Dear JW,

Thank you for your follow up.

If the grandmother who had temporary legal custody gave you the minor child this would not be considered a kidnapping, since you did not take the child by force or against anyone's will.

The best thing to do generally is for you to contact your local legal aid society and either ask them to help you obtain legal custody of this child or at least they can help biological father to obtain sole custody of the child.

Also, it is unlikely that the mother who is here illegally and has serious criminal record would go to authorities in her attempts to find or take back the child and if the court finds out that the mother intends to take the child to Mexico against biological father's wishes, it is unlikely that the court would award any custody to the mother.

I wish you the best of luck!
Customer: replied 3 years ago.

Thank you so much for your advice.

Dear JW,

I wish you the best of luck. Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.


I wish you the best of luck and God bless you!

Alex J. Esq. and 5 other Family Law Specialists are ready to help you

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