Fort Worth, TX asked in Family Law, Child Custody and Domestic Violence for Texas

Q: How do I get my children back when non-custodial parent will not release

Non-custodial parent signed children up for daycare without my authorization, when I went to daycare they would not release them. Since there has been some abuse in this case, I did not want to go to Ron custodial parents home so my mother went to pick them up and she was abused. 911 was called however a ticket was given for a misdemeanor, although no one was arrested. At the time custodial parent did not have judge signed a court order so police would not release children to custodial parent. Since custodial parent has obtained her copy of the judge signed paperwork giving her sole custody and she called 911 to have them go to noncustodial parents house and pick up the children. At that time the 911 operator advise custodial parent that they would not get involved. How does custodial parent get children back

3 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: The real answer to this is probably in family law. I don't do family law. However, I have an idea based on criminal law... Study section 25.03 of the Texas Penal Code. Compare it to your situation. If it fits, report it as a criminal offense. Calling 9-1-1 might not be the best option if it isn't a true emergency but almost every law enforcement agency has non-emergency contact information posted on their website.

Here is a link to read 25.03: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm#25.03

Amir Tavakkoli
Amir Tavakkoli
PREMIUM
Answered
  • Divorce Lawyer
  • Houston, TX
  • Licensed in Texas

A: You would need to file a writ of habeas corpus and or a petition/motion for enforcement against noncustodial parent. If you win, the judge can issue a capias for his arrest if he still doesn’t return the children. Police usually won’t get involved unless there’s a capias issues against a person.

Sharita Blacknall
Sharita Blacknall
PREMIUM
Answered
  • Divorce Lawyer
  • Dallas, TX
  • Licensed in Texas

A: A writ of habeas corpus and enforcement should be filed.

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