Legal Question in Family Law in Texas

I have a 2 year old son his father and I are not and have never been married there is no custody agreemenand we have never been to court for anything concerning our son. We are currently living together although we are no longer "together" because we are both still on the lease. Sam (the father) is an alcoholic and his drinking is taking a turn for the worse he has not become physical (yet) but has punched out my car window, and while watching Nathan (our son) he has left him to sit in the same diaper for over 8 hours while he was watching him and I was at work, these are only a few examples. My question is, can I take my son and, legally, more or less disapear? We currently live in Texas and I am conisdering moving to another state so Sam never hears from either of us again. Can I do that??


Asked on 10/08/12, 4:15 pm

1 Answer from Attorneys
TC Langford Langford Law Office

One parent has the same rights as the other to go somewhere with the child. HOWEVER, the other parent has rights as well. It is likely that if Sam went to court and filed a SAPCR, the court will issue a habeas to produce the child, in order to make determinations as to what is in the best welfare of the child. The fact that you secreted the child will not bode well for you, even though you believed you were protecting your child. A better course would be to confidentially discuss your options with an attorney, including temporary support and a restraining order.

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Answered on 10/09/12, 6:31 am


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