Legal Question in Family Law in Texas

You are not going to be charged with kidnapping. The questions are can you peacefully take possession of the girls and, if so, will you face the prospect of being found in contempt for failing to follow the court's order.

You didn't say where the girls are right now.

If they are with you, then your question is whether the judge will find you in contempt of court for not following the possession schedule. If your wife committed a crime that would clearly put the children in harm's way (eg, drug dealing, murder, child porn) then you could get away with keeping the children tonight but you'd want to be in front of the judge early in the day tomorrow with a request for a temporary restraining order.

If your wife committed a crime of stupidity (eg, was arrested for outstanding warrants related to parking tickets), you don't have a very strong reason not to follow the court's order.

Of course, she probably did something in between those two extremes and you are going to have to soberly ask yourself whether you have good-enough reason to believe there is an immediate threat to the girl's physical safety great enough to warrant violating a court order.

Best would be to get her to agree to let you keep the girls until some of the dust settles. Maybe argue to keep the girls away from unnecessary distractions until school is out...

If the girls are currently with mom, there are three possible outcomes:

1. You go over there and she peacefully lets you have the girls. Big win for the girls.

2. You go over there to get the girls and she says, "over my dead body." Now you've got a problem because you don't want to get arrested yourself trying to force the situation.

3. You go over and sneak the girls away. Don't do that unless you are positive you can stand in front of a judge and swear an oath that you really in your heart were absolutely convinced that the children faced immediate danger. If you do sneak them away, be sure to go ask for that TRO ASAP tomorrow.

Whatever you do, use your own judgment--don't let or make the girls choose what to do.

Good luck!!