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Can a parent keep a child away from the other parent without any custody agreement?

Fort Irwin, CA |

i am in california and the dad and my son are in texas. when i was moving out here the father told me to allow him to have out son for two weeks until i was situated. it has been near 2 1/2 months. i continusly tell him im comin to get my son and he says he will not give him to me then he will say ookay i can come get him. i have given him the date of june 2nd for over a month and already bought my ticket. now that its getting close to the date he again is saying he will not give me my son

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Attorney answers 2

Posted

Go to court. Probably in Texas since Texas most likely has jurisdiction. The father and the son have no contacts with California (I am assuming this part) so most likely you cannot file here. But, if you want to be sure, have a consultation with a California attorney. Otherwise, you will need to to court in Texas and have orders for custody and visitation extablished.

Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.

Posted

I agree. You need some court orders. Generally, even parents who get along very well benefit from having court orders to control what happens if, and when, the cooperation stops.

Best of luck to you.

Attorney Rebekah Ryan Main

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This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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