There are no court orders because we were never married. If I let my child visit her father does he have to give her back?
2 attorney answers
No he does not have to. Both parents have same rights. You need to hire a lawyer to get orders in place. Those orders will determine where and with whom the child lives, child support, medical support etc.
The Blacknall Firm is accepting cases in these counties: Dallas, Rockwall, Kaufman, Denton, Tarrant, Grayson, Hunt and Collin. This information is for educational purposes only. This does not constitute an attorney-client relationship.
EVERYONE in this situation should file a Suit Affecting Parent Child Relationship and get a court order determining possession, access, and child support. Otherwise the other parent has the same rights as you do and can take the child and go anywhere. That's not kidnapping if it is your child and there is no court order. Consider working out an agreed order, have a competent attorney draft the two or three needed documents (Petition, Waiver, and Decree or Order) and possibly give you a script for a prove up. That process should not be too expensive. If you are not indigent the Court will require a filing fee of about $400. Some attorneys will do an uncontested matter for 400-700 plus filing fees.