Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Can a mother take a child out of state if separated anf have…

Customer Question
Can a mother take...

Can a mother take a child out of state if separated anf have not gone to court yet

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

I'm in tx bit shw wants to take her to Louisiana

Lawyer's Assistant: Has anything been filed or reported?

No not yet in progress now

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes can she she take her

Submitted: 3 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 7 minutes by:
12/31/2017
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 10,429
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. The answer to your question generally is yes if there is a court order. To clarify, 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; and
  • A custody suit was filed regarding the child

In this case, if there is no court order, technically this isn't a crime under the penal code just yet. Currently, the other parent has the same rights as any other parent who does not have a court order. The issue though is that if you are concerned the child is going to be harmed or if the child may not be seen again until court, you should call the sheriff's office and have them investigate this issue and either a) provide you with where the child is staying or b) require the child to be returned (particularly if there is a risk of harm).

So, as you can see, this question has some lawyers to it; however, generally the answer is no, it's not allowed, even without a court order, if the intent is to take the child away permanently.

Did you have any other questions for me at all?

Ask Your Own Family Law Question
Customer reply replied 3 months ago
Can u recommend a good attorney in Midland tx
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

I wish I could! However, I may be able to help. One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the Texas LRS - click here.

Ask Your Own Family Law Question
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

Did you have any other questions for me?

Ask Your Own Family Law Question
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 10,429
10,429 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I need a child custody modification in Boston but I live in
I need a child custody modification in Boston but I live in Charleston SC. Can you recommend how to choose an attorney on the phone? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
814 satisfied customers
I have been ordered to attend Child Custody Recommending
I have been ordered to attend Child Custody Recommending Counseling Appointment, and the appointment falls on a Wednesday. I need to change the date to a couple days earlier so I can attend. Someone a… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was involved in a child custody case in 2013. My son was
I was involved in a child custody case in 2013. My son was placed in the primary care and control of my aunt (child's paternal great aunt). Child's biological mother was given liberal parenting rights… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,297 satisfied customers
Mywife left our home in Germany and abducted our child in
Mywife left our home in Germany and abducted our child in Sep 2016 and went to CA where she attempted to claim residency. She filed for divorce and child support after 90 days. However, I remained in … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,297 satisfied customers
Are text messages and messenger aloud in child custody cases
Are text messages and messenger aloud in child custody cases in iowa? … read more
Sean K
Sean K
Attorney/Member
JD
463 satisfied customers
My daughter is involved with a child custody case. we are
hi, my daughter is involved with a child custody case. we are looking at hiring a lawyer. about much time is involved in this type of case? we are getting various fee quotes and some flat fee quotes. … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
303 satisfied customers
Second opinion] I have question on child custody, for
Second opinion] Hi, I have question on child custody, for unmarried parent the child's father did Sign a Voluntary Declaration of Paternity when he was born, the Father has never supported the child a… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,297 satisfied customers
I have question on child custody, for unmarried parent the
Hi, I have question on child custody, for unmarried parent the child's father did Sign a Voluntary Declaration of Paternity when he was born, the Father has never supported the child and only sees him… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
It is about child custody in kentucky. If a parent has been
If a parent has been evicted 4 times in 2 years and has changed kids school 6 times in two years, is there a good chance of sole custody?… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
303 satisfied customers
I have question on child custody and making a Will, I'm
Hi, I have question on child custody and making a Will, I'm unmarried the child's father did Sign a Voluntary Declaration of Paternity when he was born, the Father has never supported the child and on… read more
Sue
Sue
Juris Doctorate
389 satisfied customers
I have a question about child custody and visitation. Is the
Good evening. I have a question about child custody and visitation. Is the support order the only binding agreement between a child and custody? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,878 satisfied customers
I was looking for a child custody attorney in the phoenix
I was looking for a child custody attorney in the phoenix area. My daughter's ex boyfriend has filed custody paperwork for my granddaughter in AZ. We were informed only an AZ attorney can respond to a… read more
Legal Eagle
Legal Eagle
Lawyer
10,429 satisfied customers
This is a family law question. 1. My 85 year old mother was
This is a family law question.1. My 85 year old mother was in the hospital for 2 weeks and is now in rehab.She had a heart attack and has severe COPD. She is on oxygen fulltime and Bipap as needed.2. … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
814 satisfied customers
I need help with family law. Texas. Child custody case,
Child custody case, father has not enforced his visitation for more than a year and now he wants to take our son and my son does not know him well. … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
My Daughter was abducted by her Father and his Mother in
My Daughter was abducted by her Father and his Mother in 1982. They left the state with her and I was in the middle of filing for divorce. A private investigator tracked them and lost them in Florida.… read more
Ray
Ray
Lawyer
Doctoral Degree
32,182 satisfied customers
I have a family law question, child custody... Florida. I
I have a family law question, child custody... JA: Because family law varies from place to place, can you tell me what state this is in? Customer: Florida JA: Have you talked to a lawyer yet? Customer… read more
Ray
Ray
Lawyer
Doctoral Degree
32,182 satisfied customers
I have questions regarding family law and child custody.
i have questions regarding family law and child custody. … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
Not sure this is family law, but... Our mother is in the
Not sure this is family law, but... Our mother is in the hospital and is not able to care for herself, speak, etc. and the doctor has given us a document stating this so that we can file to be her con… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x