How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102368
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

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: 6 years ago.
Category: Family Law
Expert:  Ely replied 6 years ago.

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 6 years ago.
no she hasn't only since July 9th
Expert:  Ely replied 6 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.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

…if you do this, make sure to begin the question with “This Question is for Eli…”
Ely and 3 other Family Law Specialists are ready to help you