Legal Question in Family Law in Texas

Re: father refuses to release daughter to ex wife who has custody

Hello:

With school approaching, you do need to act fast. It does appear that there is a violation of the custody order. Here in California, I often advise clients to contact the child abduction unit in the local District Attorney Office for assistance; they can also assist/advice with contempt proceedings. In these situations it is often best to also seek counsel from an attorney.

Best of luck to you.

Re: father refuses to release daughter to ex wife who has custody

Look at your divorce decree. If there is nothing in the decree requiring you to stay within a certain geographical area then there is no prohibition to you moving. If you and the child have not lived in CA for at least 6 months jurisdiction of any legal action would still be in Texas.

If your divorce decree states clearly when you are supposed to have possession of the child and he refuses to return the child, you can file what is called "a writ of habeas corpus", which means to bring forth the body. The court in the writ of habeas corpus action will simply look at the divorce decree and determine who should have custody and then order him to release the child. What will likely happen is that he will file a motion to modify. That should not effect the immediate action of the child being returned to you.

If you have any further questions or need help, please do not hesitate to contact me at 512-255-7191. You can also look at my website at www.betsylambeth.com.

Good luck,

Betsy F. Lambeth

[email protected]

www.betsylambeth.com