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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99492
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in TX and custodial mother lives in CA. There is no

Customer Question

I live in TX and custodial mother lives in CA. There is no detailed child visitation order in place only verbal agreements of visitation. I have my child for summer and I'm filing a request for child custody. I don't want to send my child back until I see if the judge awards custody to me. Can the non-custodial parent file kidnapping charges against me?
Submitted: 2 months ago.
Category: Family Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Since there are no custody orders in place, both parents have rights to the child. They are expected to share the custody of the child (which almost never works, hence the custody matter). In such circumstances, she cannot file a custodial interference/kidnapping claim.

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Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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