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Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 171
Experience:  Family Law litigator for over 35 years
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I've been married for 5 years and we have a 3 year and a

Customer Question

Hi there I've been married for 5 years and we have a 3 year and a half old kid. My wife took my our son and went out side the city without me knowing about it and refuse to come back is that legal or it's considere kidnapping ?
Thank you
Submitted: 2 months ago.
Category: Family Law
Expert:  Sue replied 2 months ago.

Hello, welcome to the site. I’m here to help you today. I am a licensed attorney with over 35 years’ experience in family law. I’d like to review your question for a few minutes, type your answer and then I’ll be right back.

Sue

Customer: replied 2 months ago.
Thank you
Expert:  Sue replied 2 months ago.

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

Unless there is a custody & visitation order in place, this is not considered kidnapping. Each parent has a right to make decisions about your child.

Typically, you can't get a custody & visitation order unless you file for divorce. If that is something you're contemplating, I can give you more information about that.

Sue

Customer: replied 2 months ago.
I made a police report already but the cops said that they can't do anything. She went to her brother to a city that is 3 hours away from here. The brother is saying they are not going to bring back the chiled unless I drop the charges. Is that legal too ?
Expert:  Sue replied 2 months ago.

Well, that seems like a bit of a puzzle. If the police can't do anything, there are no "charges." And you cannot withdraw a police report - it's just a report.

Would you like to tell me a little more about what the brother seems to want?

Sue

Customer: replied 2 months ago.
Honestly I don't know but it doesn't seem like he wants the problem to be solved. He's probably worried about him self and his sister from the police report that I made.
Expert:  Sue replied 2 months ago.

Would you want to explain that although the police took a report, there are no charges that will come out of it?

Customer: replied 2 months ago.
He doesn't want to talk to me. He has been talking to my older brother. But my question is that is normal that I can not see my son because he's out with his mother and they refuse to come back home.
Expert:  Sue replied 2 months ago.

No, it is certainly not normal. You might consider seeking a protective order to require contact with your son. Is that something you think you might want to pursue?

Sue

Customer: replied 2 months ago.
how do I do that
Expert:  Sue replied 2 months ago.

If you give me the name of your city and county, I can look for your local protective order website.

Sue

Customer: replied 2 months ago.
San Antonio Texas
Bexar county
Expert:  Sue replied 2 months ago.

Okay. I'm going to do some research and I'll be right back.

Expert:  Sue replied 2 months ago.

Here is the Texas Attorney General website explaining protective orders, with a "Protective Order Kit." Paragraph 6(h) can be tailored to your circumstances, and Paragraph 9 relates the order you can request re: not removing your child from your care or the court's jurisdiction.

Why don't you take a look at that while I research San Antonio, Bexar County.

Sue

Expert:  Sue replied 2 months ago.

Here is the official Bexar County protective order site.

Are you satisfied with the information I’ve provided you?

You probably appreciate that if you decide to pursue a protective order route, it may negatively impact your marital relationship. But each marriage has its own dynamics, and you know best how to proceed.

Do you have other questions?

Sue

Expert:  Sue replied 2 months ago.

This thread will stay open for several days. Please let me know if you'd like to discuss this further. Please just reply to continue.

Are you satisfied with the information I’ve provide you? My goal is to provide you with excellent service. I hope I have done that today.

If you’re satisfied with my assistance, your 5-star rating at this time is most welcome.

Sue