Legal Question in Family Law in Texas

Can we be charged with kidnapping?

My boyfriend is separated, yet not divorced from his wife. Last week, he asked that he be able to take their 12 year old daughter home with him to live. The mother said yes, and the child is ecstatic in our home. Yesterday the mother changed her mind, and is threatening to file kidnapping charges if we don't bring her back. What legal rights do we have? The child wants to stay with us, and is scared to go back to her mother.


Asked on 12/19/01, 12:10 pm

3 Answers from Attorneys

Jean Sudduth Jean Sudduth, Attorney at law

Re: Can we be charged with kidnapping?

I agree with both of the other lawyers - you did not give me enough information to answer the question. I have a question of my own. Why hasn't your boyfriend gotten a divorce if he is no longer living with his wife and seems to have moved in with you? That is crazier than you can imagine. He has a legal duty to support his wife as long as they are married. Her debts are his debts and vice versa. My guess is that he has no will either. His wife will get everything he owns if he dies without a will. The excuse - I do not want to pay anyone to be my lawyer or go through the hassle of a divorce is weak and stupid. The parties need to get their lives in order before you get dragged into it. Feel free to call me at 817 261-2671 if you live in Dallas Fort Worth area.

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Answered on 1/03/02, 4:42 am
Fran Brochstein Attorney & Mediator

Re: Can we be charged with kidnapping?

I cannot answer your question because you did not give me the information I need.

Has any court, anywhere, have juridiction over this minor child? If so, then depending on what the Judge signed, you could be interfering with custody.

If the people are married in Texas and no one has filed for divorce, then they equally have the right to have the child. That equality is the issue you refer to in your email. Neither party can be arrested for kidnapping if they both ahve a 50/50 right to the child.

If you live in the Houston area, call me at 713-847-6000. Be sure to say that you found me on lawguru.com

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Answered on 12/19/01, 3:36 pm
Brandon Manus Manus Law Office

Re: Can we be charged with kidnapping?

I need more information regarding the question you have. You stated that the child is scared to go back to her mother but did not state why. If you live in the Dallas-Fort Worth area give me a call at 817-763-0600.

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Answered on 12/19/01, 4:36 pm


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