Legal Question in Family Law in Texas

Is it possible for the mother of the child to file kidnapping charges against the father of the child if the father takes the child to another location against the mother's will, especially if the mother and father are not married and there is no determined custody set on paper especially by court?


Asked on 11/19/11, 4:24 am

2 Answer from Attorneys
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

Unless the child is actually physically harmed somehow, the mother couldn't file that or any other charges based on that scenario. Without a court order, the father has just as much right as the mother to the child, and there are no legal restrictions or limitations on those rights. Without a court order, one parent can completely deny the other access to the child, and there is absolutely nothing illegal about that if they choose to do so. Which is a large part of the reason why having a custody order in place is considered to be a good thing. Good luck.

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Answered on 11/19/11, 6:44 am


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