Q: How long does my ex have to return a child to state once status quo has been approved and served?
My ex took my child and moved to texas, she hasnt really worked in almost 2 years and lives off of anyone she can. I have filed and been granted status quo and temporary emergency custody. I will be sending it off to her county to have her served, but once she is served how long does she have to return my daughter to me before i can take steps to have her county remove the child or press criminal charges? Can i legally give her a timeline due to being granted the status quo and emergency custody?
A: There is no rule as to how long she has. She either does or doesn't return the child. If she doesn't you may have to get a lawyer in Texas to help you get what is known as a writ of assistance from the court in Texas. Once you have a writ of assistance then the police in Texas can assist you. As for criminal charges, that is completely discretionary on the part of the district Attorney so don't count on her being criminally charges. There was no court order when she left Oregon with your child and she still hasn't had her day in court to contest what you did. The court is going to want to hear her side of the story.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.