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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: 6 months ago.Category: Family Law
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Answered in 7 minutes by:
12/31/2017
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,461
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?

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Customer reply replied 6 months ago
Can u recommend a good attorney in Midland tx
Family Lawyer: Legal Eagle, Lawyer replied 6 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.

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Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

Did you have any other questions for me?

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