Legal Question in Family Law in Texas

Recently myself and daughter moved to Texas from Kansas without my husband, her father knowing. He knows where we are and talks to her and I frequently. We are not pursuing a divorce right now but a seperation. If this does go to court can I be charged with kidnapping? If he comes to Texas to take her back without me knowing can he be charged?


Asked on 12/11/09, 9:26 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

What you did is not "kidnapping" unless there is some kind of court order in place, and you have violated it.

While the courts frown on "self-help," if he comes and takes the child, it is also not "kidnapping."

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Answered on 12/16/09, 9:44 am


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