Legal Question in Family Law in Texas
First off. The Mother and father are legally married but seperated married in the state of north carolina.
The 15yr old son. is living with his father in North carolina. And his mother. tricks him into a "2week" vacation in texas. and she keeps him. Would it be kidnapping charges if the father drove to texas to pick up the son.? The son is now 16 year old. And there's no legal custody over him. Both of the parents do not have custody. or a custody arangement.
1 Answer from Attorneys
This is why people need court orders. It's not kidnapping to come take him. It's not illegal for her to refuse to turn him over. The father needs to file a lawsuit in NC and get appropriate custody orders. Once the child has been in TX for 6 months, mom can file suit in TX and probably win.