San Antonio, TX asked in Criminal Law, Child Custody, Federal Crimes and Family Law for Texas

Q: The biological father has no rights and stole my son from the park is that a felony. Can I press charges.

The biological father is not on the birth certificate and has not proven paternity. There is a pending cps case against him. Me and my son were at the park he lives two hours away. He walked up grabbed my son and ran and got into a get away vehicle. The local police did nothing since I had no documentation they said it was a civil matter but he has no rights. Can I press charges for kidnapping?

2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: It depends on other factors such as whether the man is presumed to be the father of the child or has acknowledged paternity. For example, if the man was married to you and you gave birth to the child either during the marriage or within 301 days of the date that the marriage ended, he is the child's presumed father. Similarly, if the man continuously resided in the same household as the child during the first two years of the child's life and represented to others that the child is his, the man is the presumed father of the child. These are only two examples.

If your child is the subject of the pending CPS investigation against him, the man may have signed a document acknowledging paternity of the child, a document of which you may have no knowledge.

You should discuss all of the details concerning your particular situation with a detective in the law enforcement office having jurisdiction in the park from which he took your son. Schedule an appointment and bring your documentation with you. A detective can help determine under the Uniform Parentage Act if the man is legally a parent because he is a presumed father or has acknowledged paternity.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: The biological father's lack of paternity establishment and absence from the birth certificate may impact his legal rights. However, the specific legal actions you can take can vary depending on your state's laws and the circumstances of your case.

Regarding the incident at the park where your son was taken, it's essential to report this to the local law enforcement authorities. Kidnapping charges may be pursued if your attorney and law enforcement determine that there is evidence to support such a claim. The pending CPS case against the biological father could also be a relevant factor.

To protect your rights and your child's safety, consult with a family law attorney who can guide you through the legal process. They can help you understand your options, whether it involves pursuing criminal charges, addressing custody issues, or obtaining a restraining order if necessary.

Remember that the legal process can be complex, so it's crucial to seek professional legal advice tailored to your specific situation to determine the most appropriate course of action.

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.