Tatum, TX asked in Family Law for Texas

Q: Can I take my daughter out of the new school my wife put her in after abducting her?

Wife moved out and in with boyfriend, left daughter with me and my parents for about 6 weeks. I tried to let her see daughter when she wanted, just not at boyfriends apt overnight or alone. One day when we dropped by to give her some of her things, she locked herself and my daughter in apt with boyfriend and would not open door even to police. She unenrolled daughter (11) from her school she has attended since starting kindergarten, and enrolled her in a school near there. She will not let me see her or visit. We are still married and there are no custody papers or injunctions filed yet. Is it legal for a father to pick up his child from school as long as he has proof of his ID and that he is the father of the child. As long as he notifies the mother as soon as he has picked up child. Father is just taking physical custody back like the mother did to him.

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1 Lawyer Answer
Jon R. Boyd
Jon R. Boyd
  • Fort Worth, TX
  • Licensed in Texas

A: Absent a court order, both parents are equally entitled to possession of the child, to enroll the child in school, decide where the child lives, etc.

So you both could snatch the child from each other back and forth forever, theoretically.

This is obviously bad for your child, which is why you should immediately file for divorce and seek a temporary order from the court which will determine these questions. It may be possible for you to get an Ex Parte order when you file your case if you attach an affidavit showing the judge that the child's circumstances with her mother are such that an emergency order should be granted giving you immediate possession pending hearing.

Bottom line, you should consult with an experienced attorney in your county asap.

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