My ex husband of 5 years is an alcoholic and has recently been taking his drunken rage out on my 8 year old daughter. She says she it's afraid of going back. I have kept a log off all the drunken mishaps he has had over the last 5 years but for the last 2 we have lived 1000 miles apart and when I talk to my child on the phone he is always listening. She is supposed to return to get dad January 5 but I have been having trouble getting attorneys to call me back bc of the holidays. If I'm not able to get the emergency custody before January 5 if I keep my daughter here can I be arrested? I live in Texas he lives in Colorado we were divorced in Texas.
Divorce / Separation Lawyer
Go meet with in attorney today. Most attorneys will give you a free or discounted consultation and if you call enough of them, you will be able to get in somewhere this afternoon. You need to find someone who will file an Emergency Ex Parte Application for Temporary Restraining Order tomorrow.
Keep calling. Most lawyers should be open today. Leave messages.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
Criminal Defense Attorney
You need to consult with a competent family law attorney.
You cannot withhold without a court order or you could face charges of contempt. This would require you to file either a protective order or a temporary restraining order and attach an affidavit explaining all the abuse and drunken episodes. You can also file a report with CPS to have them look into the situation in Colorado.