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We need help! (piog)

Posted by on May. 5, 2012 at 4:27 PM
  • 12 Replies
So my friend and her ex don't have a court-order for custody yet. They agreed 2 weeks each for their 3 1/2 year old. Well now her ex tells her she can't have him back unless she cancels the child support appointment. So with that she has called Dallas PD and they keep telling her without a court order it's just a domestic issue they need to work out. So he leaves the baby with his mom all the time and told her she couldn't get him. Her question is that if she goes to his grandma's and he isn't there can she legally take the baby? We looked up all the parental kidnapping laws and all it says is that there has to be a custody order in place.

Sorry if it's long and confusing but we need advice from someone who may know.
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by on May. 5, 2012 at 4:27 PM
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Replies (1-10):
juveli
by on May. 5, 2012 at 4:31 PM

yes, she can take her child since they havent agreed on anything.... i would do! just cuz he doesnt want to pay child support!!!

cowboysgirl2810
by Ruby Member on May. 5, 2012 at 4:31 PM
I know, in CA, when me and my ex split, its not kidnapping if ther eis NO court order. They are both entitled to equal rights. As long as the grandma/whomever hands the child over willingly, the cops would/couldn't do one bit about it!

Sam kept her from me for almost 2 months, the only thing the cops did would be welfare checks (look at her see shee was alive, not battered and leave) they told me its "standard protocol" in that situation.

Call the local PD. Briefly explain. They should be able to say yes or no.
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daulton_dustin
by on May. 5, 2012 at 4:32 PM
I dont think its illegal, just the the cop said its just a domestic dispute. If he didnt get in trouble neither will she. But when she gets him back, she needs to get the court stuff done n dont leave her baby no where
twokids0407
by Bronze Member on May. 5, 2012 at 4:34 PM
Sry ii have no clue...tell her not to back down on the appt, when i's it anyways? Does she have a lawyer yet? Tell her to document anything and everything. .in the end it will hurt him more. Gl
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thinkpink2012
by on May. 5, 2012 at 4:36 PM
May 25th and we are $800 away from the lawyer fees of $3500.

Quoting twokids0407:

Sry ii have no clue...tell her not to back down on the appt, when i's it anyways? Does she have a lawyer yet? Tell her to document anything and everything. .in the end it will hurt him more. Gl
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2babygurls.h.f
by on May. 5, 2012 at 4:41 PM
If there is no court order to either parent, then I guess it doesn't matter which parent has the child. But, if it is illegal in some stupid way, then cps can take the child and whenever the custody battle is resolved, whoever the judge sees as the most appropriate parent gets the child,if not both get split rights... If their domestic despute landed the children in the grandparents care, then she could be charged with abduction if she does....


What's the whole situation? Thats what it really all depends on.
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cowboysgirl2810
by Ruby Member on May. 5, 2012 at 4:47 PM
I just called our sheriff and constable. Both said if there is no court order for visits/custudy, then they can't do anything to stop her, unless she is forcibly (by physical/verbal threat) trying to remove the child. And that's TX state!
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ambermarie2006
by Amber on May. 5, 2012 at 4:48 PM

Yes she can take the baby if he isn't there. If he's there, theres not much she can do. 

jmreeced
by Member on May. 5, 2012 at 4:51 PM
Your friend needs to go to court Monday to file for emergency custody. She doesn't need a lawyer for that. She will get a hearing and a judge will not look kindly on what he is doing. You may also want to ask people in the custody issues group they are very helpful when it comes to these issues.
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thinkpink2012
by on May. 5, 2012 at 5:43 PM
Thank you!

Quoting cowboysgirl2810:

I just called our sheriff and constable. Both said if there is no court order for visits/custudy, then they can't do anything to stop her, unless she is forcibly (by physical/verbal threat) trying to remove the child. And that's TX state!
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