Legal Question in Family Law in Texas
breaking a child custody agreement
A mother and father have joint custody. There are legal papers signed by a judge stating that they have joint custody and neither parent can take the child out of the city/county with out there others consent.
The mother has moved out of the city and has taken the child. What can the father do to get the child back? what would happen if he went to that city and just ''took'' the child back?
2 Answers from Attorneys
Re: breaking a child custody agreement
Then the father would be nearly in as much contempt of the court's order as the mother. Two contempts do not make a right. Seek enforcement of the order and contempt of court on the part of the mother. Get a lawyer. Good Luck.
Re: breaking a child custody agreement
The Father needs to file a motion to modify and motion to enforce immediately to force the child back into the area. This needs to be filed especially if he plans to just "take" the child.