Legal Question in Family Law in Texas

I have custody of my daughter and my ex husband is saying that he is not returning her after their July visit, my ex has filed for full custody of her and I have been avoiding service. If he doesnt return her after 7/31 can I file kidnapping charges on him? My ex has a standard possesion order in place.

Lc


Asked on 7/21/10, 8:37 am

3 Answers from Attorneys

Bruce Zivley Bruce C. Zivley, Attorney at Law

You need to go see an attorney so that you can get this dispute before the Court as quickly as possible. If he fails to return the child at the end of the month, you can file a Petition for Habeas Corpus against him. However the same court will be considering his modification action. Avoiding service does you no good . I am a board certified specialist in the field of family law, practicing in the general Houston area. I would be glad to discuss these matters more fully with you if you would contact me directly

Bruce C. Zivley

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Answered on 7/21/10, 11:46 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, you need to get a local law firm to assist you with setting a hearing before the court which issued your prior order. You should talk to a few different local law firms and ensure that you are comfortable with the representation that you are wanting to protect your rights and interests. Why is your ex filing such an action against you? If you continue to avoid service, your ex may file a motion with the court for substitute service and then have the citation and attachements left on your door. Contact my office to more fully disucss your options with protecting your rights and interests.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 7/21/10, 11:51 am
Fran Brochstein Attorney & Mediator

He has filed to modify custody.

Avoiding service is a really BAD idea.

You cannot file kidnapping charges on him.

YOU DESPERATELY NEED AN ATTORNEY - NOW!

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Answered on 7/21/10, 12:27 pm


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