Legal Question in Family Law in Texas

non custodial parent not returning child

I am in Texas and my ex husband(non-custodial parent) was just released from prison and picked up my 15 year old daughter from my house without my knowledge or consent. Before I knew were she was, i filed a runaway report on her. After doing some research, I found out the above information. I contacted the local police department and they said that they were not able to get involved because the child is not in danger. It has been about 2 months now, she has been messing a lot of days of school and is failling in all her classes. He has tried to withdrawl her from school, but since I am the one who enrolled, her the school would not let him take her out. Thank God!! I have my divorce decree that states I am the sole custodial parent? How can I get her back and where are my rights as the sole custodial parent?


Asked on 12/17/08, 5:18 pm

1 Answer from Attorneys
Robert Matlock Robert J. Matlock, P.C.

Re: non custodial parent not returning child

You can file a habeas corpus suit and have him served with notice of the suit. The court is obligated to return the child to the parent entitled to possession under the existing order unless the other parent can prove the child is in danger if returned. I suggest you hire a lawyer.

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Answered on 12/17/08, 5:29 pm


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