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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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Hi Ive my childs physical custody and I live in virginia.

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Hi I've my child's physical custody and I live in virginia. She is currently visiting her father who is my ex husband in Texas. She is 5.5 years old and today my ex husband told me that she said some stuff against my current husband so he is taking her to authorities tomorrow to say what she has told him. He even says that he may not bring her back. Can the authorities in Texas prevent her from returning when I have her physical custody (from virginia court)? The allegations that he is making are untrue but I dont know how the aurthorities will perceive them.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What type of allegations are being made against your current husband, sexual abuse or violent conduct toward your daughter? There is obviously no evidence to substantiate the allegations, correct?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

yes no evidence to substantiate the allegations. He is saying that she says my current husband has touched her thigh, butt and scratched her back.

I see. Thank you for clarifying that.

The TX authorities are likely to direct the father to the VA authorities if he wishes to pursue a complaint with child protective services (CPS) in VA who could potentially investigate the allegations. Since there is no evidence to substantiate the allegations, I would not expect any action to be taken against you by the agencies though.

In a worst case scenario, the father could file a petition for ex parte emergency custody in a TX court where he resides, alleging that the child would be in imminent danger of abuse or neglect if he returns your daughter to your custody. It sounds like that would require he lie to a court, which of course would constitute perjury, but some people still do it.

If he did do that, you would need to retain a TX attorney to oppose his allegations and prevent him from gaining emergency custody there.

Under any other circumstances though, the father would normally need to file a motion in VA seeking to modify the order of custody if he wishes to gain primary custody and that is what any TX attorney would likely tell him. Only in the most extraordinary cases could a TX court take jurisdiction over your daughter normally since that is not her state of residence.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Customer: replied 4 years ago.

thank you for your detailed answer. Just for my satisfaction, I'm going to ask you again. He is supposed to return her to me on 12th Aug as per our understanding. For now he is not letting me talk to her till he says the authorities speak with her. Based on the allegations that I've told you, do you think the authorities can ask him to with hold her and not send her back? Please very stressed out here.

I certainly understand how very stressful this situation is for you and it might be a long couple of weeks for you I'm afraid. The TX CPS would typically have no authority to compel your daughter to remain in TX without a court order. If court proceedings are filed, you should be served with those documents so you are aware of it and can retain a TX attorney to defend in the matter.

Without such an order, it would typically be unlawful for your ex to retain custody of your daughter past August 12th as set out in the VA order.

If your ex does not have significant resources to mount a battle in court, there is normally a much lower likelihood that anything will be filed since it does not appear there is sufficient evidence for the TX or VA agencies to pursue legal action.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. Thank you!


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