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FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1503
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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My kids mother and their grandmother are hiding my kids. she

Customer Question

my kids mother and their grandmother are hiding my kids. she took them from me and i am the custodial or primary residential. what can i do?
JA: Family law varies by state. What state are you in?
Customer: texas
JA: Have you talked to a lawyer yet?
Customer: a couple but i dont have the money and the police are on their side
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Family Law
Expert:  FamilyAttorney replied 1 month ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, contracts, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

If a request for a phone call comes in, it is from the site, not from me. I will be happy to have a phone call with you but only if you want it. If you would like to request a phone call, that’s fine too. There is no pressure and we can stay here if you’d like.

Expert:  FamilyAttorney replied 1 month ago.

I'm glad to see that you've spoken with a lawyer already and you will want to consider hiring one, even if it's LegalAid or pro bono (which are difficult to find) but the problem with Legal Aid is that they take awhile to take a case. You need someone to take this now. Maybe you can work out a pay-out arrangement.

Texas is one of the states in the nation that has a particular law regarding parental kidnapping/parental abduction. Texas Penal Code Section 25.03 Interference with Child Custody reads that a person commits parental abduction if he/she takes or retains a child younger than the age of 18 with the knowledge of the following.

  • Taking the child violates a judge’s order
  • The person was not awarded custody of the child
  • A custody suit was filed regarding the child
Expert:  FamilyAttorney replied 1 month ago.

You're going to want to get a lawyer to help you get the children back. Luckily, the law is on your side.

Under Texas Penal Code, parental kidnapping is a state felony charge. As such, penalties may include up to two years in state prison, as well as a fine of up to $10,000.

The penalties and charges may extend beyond $10,000 and two years in prison if one the following applies.

  • The child was held for ransom
  • A deadly weapon was used
  • The child was abused

I don't know why the police would be on their side, but if you are the primary custodial/residential parent/conservator, then the police should be on your side. The court should be on your side and the court gets the final say.If you have a court order and she is violating it, then she's in the wrong and could be in serious trouble.

If you've already spoken with attorneys, that's good. I can give you guidelines for what to look for in an attorney.

If you need names of attorneys other than those you interviewed, let me know. what I do here, which helps my customers tremendously, is I give you a list of lawyers in your area and I'll show you how easy it is to pick one. I have a short, easy to understand free guide and it will show you what to look for in an attorney. I will also look for LegalAid and pro bono attorneys in your area if you tell me to do that. I just need to know where to look. The bigger the city the better. My customers tell me they have found great lawyers from my information. This part is free of charge -- I do this as a courtesy to my customers here. Just let me know if you want this information.

I'm really sorry this happened, but this is common. I'm like an attorney ad litem in your state and I see this all the time. People don't end up getting away with this, and in your state the law is even tougher.

Does this answer your question or would you like more information?

Expert:  FamilyAttorney replied 1 month ago.

Here's what you can do. If the order provides that you have a right of possession, the first step should be to contact the other parent to try to resolve the issue without litigation. It’s always best if the parents can work together outside of the judicial system. This will avoid unnecessary costs as well as time away from family and work.

If this doesn't work, consult an attorney immediately.

If you don't get your children back right away, your attorney can file a habeas corpus petition.

A writ of habeas corpus under Chapter 157 of the Texas Family Code is used by the parent with a legal right to possession of a child in an effort to regain possession from a person wrongfully retaining the child. The sole issue in almost all habeas corpus proceedings is whether the person who is claiming the right to the possession of the child is currently entitled to possession of a child by virtue of a valid court order. This is the reason you will want to consult your most recent orders to determine who has the right of possession.

Does this answer your question?

Expert:  FamilyAttorney replied 1 month ago.

Normally I would say start with the police but if you are saying the police are on their side, then that obviously won't help.

A writ of habeas corpus can be filed right away, it's like getting emergency custody back.

WHEN you get your children back or WITH your habeas corpus petition, you will want to limit her visitation to perhaps supervised visitation because she can't be trusted to return the children.

Expert:  FamilyAttorney replied 1 month ago.

Good luck to you! You can come back here free of charge after I'm rated for a follow-up question.

Please let me know if there’s anything else I can help you with. That includes looking for lawyers. I’m happy to do so! I’m here most of the time (usually at night!) so you can always come back and talk to me (no extra charge) after I’m rated. If I’m not here, I will get an email if you leave me a question.

Please accept my answer, and please rate my answer as one of the top three faces/stars (5, 4 or 3 stars, 5 stars would be much appreciated as I ALWAYS strive to give you 5 star service!). This can be found AT THE TOP OF THE PAGE and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find lawyers. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. I have given you the benefit of my legal knowledge and 37 years of experience as well as my time.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated, free of charge.

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Best of luck to you and thank you for letting me help you today! Thanks in advance for rating me!

I strive for 5 star service every time, so if there's anything else I can do to earn that, I'm happy to do so.

Expert:  FamilyAttorney replied 1 month ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Let me know if you need names of lawyers and I can help you if you let me know where you live.Thanks!

FamilyAttorney