Legal Question in Family Law in Texas
My ex-wife has my daughter for her summer possession period, ans I am suppose to pick her up on July 31. My ex says she is not going to let me get my daughter. If she does refuse to let me have my daughter when I am legally suppose to get her, can I charge her with kidnapping? What should I do?
1 Answer from Attorneys
It depends. Although kidnapping is not an option, there is a felony criminal charge in Texas for hindering child custody. The provisions are specific, and may or may not apply in your case.
If you have evidence that she is going to refuse to surrender her, you can file for enforcement, so that the case is ready and set for hearing when she does surrender. It may also give her cause to rethink her position.
You can also wait until she refuses, and then file for enforcement and contempt; and contact the local PD to determine if they will accept charges.
It would be wise to consult an attorney, with your file in hand, before the end of the month.
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Are the questions asked confidential? Asked 7/22/09, 6:17 pm in United States Texas Family Law, Divorce, Child Custody and Adoption
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