How do I start the process of getting my child back from her father?

UPDATED: Sep 12, 2012

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How do I start the process of getting my child back from her father?

Even though he has not given me any money for child support, I still was nice enough to let him see her on the weekends but the day that he was supposed to give her to me he didn’t. I tried to get the cops involved but they declined. I need to get my little girl back.

Asked on September 12, 2012 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If he still has her and won't return her, call the police again and tell them that you want to file charges for "interference with child custody" which is a state jail felony in Texas.  If the street officer still refuses, see if you can go over his head to the Sherriff or Police Chief and politely inquire why his people are ignoring the law.

Second, if that still doesn't do the trick... you need to file a writ of attachment for the child in the court where the custody orders came from.  You'll probably have to hire an attorney to do so, but you will have the right to ask for the reimbursement of attorney's fees and a contempt order for his willful violation.  If he continues to play this game or indicates that he will continue manipulating the system, ask the court for restricted visitations in your home such that your child still have access to her father, but the risk of parental kidnapping is significantly reduced.

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