Legal Question in Family Law in Texas
My ex took my son and wont give him back
1 year ago, my ex took my son to visit family in texas and didn't bring him back. I want to get my son back and no lawyer seems to know what i need to do. I WANT TO KNOW WHO CAN HELP ME?and ASAP. I know i will have to go to Texas for all of the court preceedings...I have called everyone and i just get the run around. It's been 1 year sinse i've seen my son. My ex won't call me back, or answer my calls. He won't send pictures. His mom watches my son all day long. DO I HAVE A CASE?
2 Answers from Attorneys
Re: My ex took my son and wont give him back
It would be impossible to answer your question without knowing more facts. For example, who had custody of the child in the divorce decree (assuming the ex is the father)? What court awarded custody (California or Texas)? Why have you waited so long to take action?
If you had custody of the child in California, and your ex simply absconded with your son, the ex could possibly be charged criminally with parental kidnapping. I sense, however, that such may not be the case, given the uncertain responses you say you have received from other lawyers.
Please feel free to contact me directly to discuss this further.
Marc Pederson
Re: My ex took my son and wont give him back
If there is a case here in California you need to look at the last order for custody and visitation. If you have joint custody you should call the District Attorney and report that your son has been taken to Texas in violation of the court's orders. If your ex has custody and you have only visitation you should file a motion to modify custody. There are free and low cost attoneys that can help you prepare the forms and tell you how to serve the papers. If your case was in Texas you need to get an attorney there to help you.