Legal Question in Family Law in Texas
Is this kidnapping?
I have a son. A couple of years ago my step-sister and her husband took him in to help me out till I could get back on my feet. Now I think I am ready and her husband took off with the child. I didnt know where they were for 6 weeks but finally found them. I went to get him and the police came and they say I have to get a lawyer to get him back. I never signed legal papers and my sister is not fighting me over him. Is this kidnapping and will I be able to get him back?
2 Answers from Attorneys
Re: Is this kidnapping?
It appears that you are asking for a black/white answer to a question that involves a little more investigation. The first question that comes to mind is why the police would tell you that you would have to get an attorney to help you get your child back. If your child has been living with your sister because you voluntarily relinquished possession, then the couple could try to take legal custody of the child. My best advice to you is to write a letter to your sister letting her know that you intend to take your child back on date certain. Send the letter certified mail and keep a copy for yourself. If they refuse to return the child to your custody, either contact the police or call an attorney.
Re: Is this kidnapping?
If they file suit to get custody, they may win. Until they get a court order that says they have custody, you have every right to get your child. The police are wrong in this instance. You, as the mother, do not have to get a court order to have possession of your own children.
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