Non-custodial parent refuses to return child

[bcoe101]

My daughter-in-law was divorced in Texas several years back. She has since moved to Tacoma Washington, with the fathers permission, with her daughter. The biological father lives in Texas and had holiday visitation with the child starting on 12/20/08. He was to return her to Tacoma on 1/4/09, and has now informed my daughter-in-law that he refuses to return her and is going to start a custody proceeding to attempt to keep her in Texas with him and take sole physical custody of the child.

We have contacted the Texas State Police, Local police in Beaumont, and the FBI and no one will help. He is the non-custodial parent and the physical custody in the divorce decree states that my daughter-in-law has primary physical custody and the father has visitation rights.

How do we legally get the child back? I am desperate for an answer from anyone who can offer guidance on this matter.

[spinmaster61]

Originally Posted by bcoe101 My daughter-in-law was divorced in Texas several years back. She has since moved to Tacoma Washington, with the fathers permission, with her daughter. The biological father lives in Texas and had holiday visitation with the child starting on 12/20/08. He was to return her to Tacoma on 1/4/09, and has now informed my daughter-in-law that he refuses to return her and is going to start a custody proceeding to attempt to keep her in Texas with him and take sole physical custody of the child. We have contacted the Texas State Police, Local police in Beaumont, and the FBI and no one will help. He is the non-custodial parent and the physical custody in the divorce decree states that my daughter-in-law has primary physical custody and the father has visitation rights. How do we legally get the child back? I am desperate for an answer from anyone who can offer guidance on this matter.

That seems to border on kidnapping? If it is why won't they help you.Is your daughter content to let him do that custody proceding?To me that custody proceding and if he won custody would be only way he could legaly keep the child.GREAT LUCK.

[bcoe101]

That is what we thought as well, kidnapping. However the local police, state police, and FBI say it is a domestic matter and refuse to assist. The odd thing is, I live in Michigan and at least once a week we have an "Amber Alert" about a non-custodial parent taking a child. I just can't see how this is any different, other than the fact that we know exactly where the child is.

I would think...maybe....file in court for an exparte order - an emergency order (where you live) for immediate return of custody. Then...take the order to texas and get the child back.

I know it doesn't make sense. I was told once that if my daughters father - with NO court custody or legal rights to her at ALL took her...that I'd have to use the courts to get her back.

Crazy system we have.

call an attorney...asap.

[lori509]

Actually my guess? They aren't helping because Texas has no jurisdiction over the child. (In a nutshell there is nothing in TX that says the child is in the wrong hands) Attempt to contact Washington police. If the girl was allowed by the courts to move and she's lived here longer than six months then it may be a jurisdiction issue.

My second guess? They are calling this a domestic matter and that's odd. Is he claiming abuse?

[bcoe101]

He's not claiming abuse - just refuses to send her back. I didn't even think about the jurisdiction issue. I'll have to check that one out. They have lived (mother and daughter) in Washington State for 2 years - and it was with the fathers permission. She did not flee the state with the child.

[lori509]

the good news is if it is a jurisdiction issue Wa is really good about helping out with kidnapping issues. (And yeah... we do consider not returning a child kidnapping here...) I've often heard that TX is one of the worst states for collecting child support so maybe that extends to child abduction?? (p.s. btw if they've lived here two years this is most certainly her state of residence.)

good luck - I'll pray for her return.

[tbyte]

It is not kidnapping if he has visitation rights and the child was sent to him as part of the visitation.
But it is definitely contempt of court.
Let him know that if he does not return the children immediately, at his expense, you will file contempt of court charges against and press them to the full extent of the law, and if he is found in contempt you will have him arrested the next time he enters the State to pick up the child. And then you will file a motion with the court seeking to have his visitation revoked.
And if he calls your bluff, then follow through on your threats.

[Gbyte]

Lawyer...emergency order. The police will get the child if a judge tells them too.

File an emergency pickup order with the courthouse that has jurisdiction over the visitation issues. Then you take the local pickup order to your state police and ask them if they start the process or if you have to fax it to TX. I am assuming that WA will start the process and alert TX to this issue and then TX will pick up child. Sad that dad is doing this to child. Be sure to get child some counseling when he/she returns (I can't remember if child was male or female sorry), because child will likely be picked up in police car, sirens going. If TX won't cooperate, they will make this difficult for your daughter.

Be sure to give the child extra hugs when child gets back home. But file the emergency pick up order in court now before he has a chance to open a custody case in TX.