Co-parenting positively after a divorce is the ultimate goal. However, complications can arise if the non-custodial parent does not adhere to these arrangements. In some cases, the non-custodial parent might refuse to see the child or take the child outside the custody agreement. So, what should you do if the non-custodial parent takes your child?
At C.E. Borman & Associates, we understand the emotional and logistical hurdles that come with child custody issues. Led by Channa Borman, our firm is dedicated to providing unwavering support and exceptional legal services to families in need.
In this blog, we’ll talk about the critical issue of what happens when a non-custodial parent takes a child outside the agreed custody arrangement and how you can address the situation.
Understanding Custodial and Non-Custodial Parents
As you go through your divorce, it’s essential to understand what custodial and non-custodial parents are. To address issues related to custody and child support, it’s important to understand the roles defined by the court:
- Custodial Parent: The court ordered a custodial parent, either the mother or father, to be the child’s primary parent. Therefore, they typically have primary custody. The custodial parent is responsible for the child’s daily care and emotional needs.
- Non-custodial Parent: A non-custodial parent will typically see their child on a limited basis or only have visitation rights. This may include specific weekdays, weekends, school breaks, and holidays as determined by the court. They may also need to provide child support.
What If the Non-Custodial Parent Takes Your Child in Texas?
If a non-custodial parent takes a child without permission or refuses to return the child after visitation, it may be considered parental abduction. This situation is serious if it meets the following criteria under Texas Penal Code § 20.04 and Texas Family Code § 153.071:
- The child is under 18 years old
- There is an ongoing custody case
- The action violates an existing custody order
- The parent taking the child does not have custody rights
A family lawyer can help answer your questions, navigate the challenges of parental abduction, and work towards a safe resolution for your child.
Step to Regain Custody in Texas
Parental abduction is a serious legal issue and can result in felony charges against the non-custodial parent. The law provides several steps to help you regain custody of your child:
- Calm Communication: Attempt to resolve the issue peacefully by discussing it with the non-custodial parent. Avoiding a court hearing or contacting authorities is always the best option if you can reach an agreement.
- Court Order: If peaceful resolution fails, request a court order for the return of your child. Under Texas Family Code § 156.001, the court can issue enforcement orders. Law enforcement may then become involved in helping retrieve the child. In some cases, depending on the immediate danger to the child, an AMBER alert may be activated.
- Immediate Danger: If you believe your child is in immediate danger, contact law enforcement immediately.
Handling Custody Concerns in Texas
For recurring issues related to your custody agreement, consider the following:
- If Your Child Could Be in Physical Harm: Contact law enforcement if you suspect your child is in physical danger. Document any evidence and consult with your Texas divorce attorney to arrange a court hearing under Texas Family Code § 105.001.
- Enforcing a Custody Order: If the non-custodial parent is not following the custody order, document the violations and seek assistance from your Texas divorce attorney. The attorney can help you file a motion for enforcement under Texas Family Code § 157.001.
- Changing Custody Agreements: After a parental abduction, it may be necessary to modify the custody arrangement. This could involve adjusting or limiting visitation rights for the non-custodial parent to protect your child’s best interests better. This process can be addressed through a modification suit under Texas Family Code § 156.101.
- International Situations: Contact law enforcement immediately if the non-custodial parent takes your child to another country. For cases like this, law enforcement will work with international authorities to ensure your child’s safe return.
Working with an attorney ensures that you have professional support and advocacy throughout the process, helping you navigate legal complexities and achieve a resolution that safeguards your child’s best interests.
Beyond legal assistance, an attorney provides valuable emotional support and practical advice during a difficult time. They offer a compassionate approach to handling sensitive issues and help you make informed decisions that prioritize your child’s welfare.
Contact C.E. Borman, Texas Divorce Attorneys Today!
Dealing with child custody and parental abduction issues can be challenging, and having a knowledgeable attorney can make a significant difference.
C.E. Borman & Associates is an American Lawyer Top 100 Law Firm. Our attorneys and legal staff at C.E. Borman are committed to straight talk and honest advice, helping families through these difficult times.
We provide exceptional value to our clients and often make life-long, remarkable changes that benefit future generations. Contact us today at (979) 596-5331 if you need a divorce or family law attorney. Call (979) 596-5331.
