Parental Kidnapping in Texas

The idea of having your child kidnapped has to rank among the scariest for any parent in Texas. Indeed, parents work hard to ensure the safety of their children. However, there’s only so much that we as parents can do to keep our children safe. After that, we hope that nothing bad happens to our children. To help with this endeavor we go out of our way to prepare their lives so that there is a minimal risk of them being harmed. Parents care tremendously about the safety of their children. Have you considered the risk of parental kidnapping in Texas, however?

Unfortunately, one of the potential sources of harm to our children lies in your child’s other parent. As you proceed with the daily life of your child it is unavoidably true that your co-parent is someone who could potentially do something out of character that can harm your child. Specifically, we are talking about parental kidnapping in Texas. The attorneys with the Law Office of Bryan Fagan have seen families experience this terrible circumstance before.

In today’s blog post, we are going to discuss what it means for a family to have to go through the stress and anxiety of a circumstance involving parental kidnapping. If you have any questions about the material you read in this blog post please do not hesitate to reach out to the Law Office of Bryan Fagan. Our experienced family law attorneys can guide you through your questions.

What does parental kidnapping look like in Texas?

At first glance, parental kidnapping does not look like something that would impact many families. After all: how can kidnapping impact a parent? Don’t you as a parent have the right to be in possession of your child whenever you want? If there is no court order in place, then the technical answer to that question would be yes. Do you have the right to possess their children whenever and wherever they would like? However, this analysis begins to change when a divorce or child custody case is filed. In that circumstance, the court order dictates when you can spend time with your children.

Within a child custody order you would have specific periods when you can be in possession of your children. During any other time of the year your co-parent would have the same right to possess the children. This is called a possession order or parenting schedule. Both during and after a family law case this is the order which sets forth how often you can spend time with your children. It pays to be able to understand your court order and determine when it is proper for you to be in possession of your children.

When a parent possesses their child during a time outside of their allotted parenting time this could be a circumstance which leads to kidnapping. As we will see, parental kidnapping is a serious matter which involves overstepping boundaries and, in many cases, breaking the law. If you have a circumstance where you believe kidnapping has taken place, then one of the phone calls you should make is to the Law Office of Bryan Fagan. Our experienced family law attorneys can help guide you on the next steps to help your family.

Interference with child custody

When a parent purposefully takes the child into their possession against court orders that is a criminal offense. Interfering with child custody can put you or your co-parent into hot legal water. Child custody orders are typically very clear about when and where you may possess your child. It is highly recommended that you work with an experienced family law attorney is to make sure that your court orders are clear. Misunderstandings about court orders can lead to precarious situations when it comes to child custody.

However, a misunderstanding about city order and parental kidnapping is not the same thing. For example, let’s say that you misunderstood your court orders when it comes to Christmas visitation. As a result, you did not drop off your children at your ex-husband’s house on time. When he calls you to ask where the children are you can honestly tell him that there was a simple misunderstanding about the court orders. Returning the children as quickly as possible does not constitute interference with child custody.

On the other hand, when a parent purposefully takes the child going against a court order that can lead to interference with child custody. Parents who face circumstances with parental kidnapping should attempt to address the situation directly with their  co-parent. This is often the best way to handle a circumstance involving child custody interference. Many parents can be dissuaded from acting inappropriately simply by having you directly Yep politely bring to their attention the ongoing issue.

The best interests of your child

In a Texas child custody case, the best interests of the child standard is utilized. To begin, courts presume that you and your co-parent make decisions which are in the best interests of your child. It is only when evidence is presented to the contrary where that presumption would be challenged. Certainly, a circumstance where it has been shown your co-parent has violated a court order and kidnapped your child would be evidence to the contrary.

More specifically, quartz attempts to view circumstances involving your child as objectively as possible. For this reason, the best interests of your child attempts to consider a range of topics. Specifically, safety, educational development as well as your history as a parent will all be considered. What the court is attempting to do is to consider as many areas as possible of your child’s life when making decisions. The more beneficial you are in your child’s life the better you will come out in that analysis.

As you consider the best interests of your child it is critical that you assess your situation from a comprehensive standpoint. Some parents tend to have blind spots where various areas of their lives are disregarded. To plan out your child’s life as best as possible think about what serves him or her best. Sometimes, what serves your child best will not also serve you best. Any questions you have about this subject can be addressed to the attorneys with the Law Office of Bryan Fagan.

Protect your child by having a detailed child custody order in place

When it comes to starting on the right foot you need to have a child custody order which is clear about the visitation framework in your case. What the attorneys at the Law Office of Bryan Fagan strive to do is to provide our clients with custody orders that are clear and unambiguous. This means that a reasonable person would not mistake the meaning of any portion of your court order. Expectations for visitation would be well known to you and your co-parent.

Just because you have an attorney does not mean you can trust but not verify the work being performed by the attorney. Rather, you need to check the work have your lawyer as you complete your divorce or child custody case. It is common practice at the end of a family law case for one of the attorneys to draft an order. The other attorney and client will review the order and negotiate the language. During this step make sure to talk with your attorney about the language included. It is critically important for you to understand the expectations provided to you in your court orders.

Have you been known to overlook or disregard an important detail in some facet of your life? Do you have legitimate concerns about your co-parent following a court order? In that case, you should seriously consider hiring an experienced family law attorney to help guide you during this process. Not only can a good attorney help you negotiate a court order but also help you to draft an order that will be enforceable in the future.

Travel orders in your parenting plan

On top of having clearly written court orders you need to have some language in your court documents which provides rules for travel with your child. Travel is something that many parents take for granted during a child’s life. Normally, you would not think too much about traveling to see family with your child. The extended breaks during the winter and summer months provide a great opportunity for your child to see the world and experience different things.

However, after a family law case has concluded that freedom is restricted to a certain extent. Parents in your position need to consider what you can do to place guardrails on travel for your child. For Houston area families this is an especially important consideration. We live in an international city where many residents hail from different corners of the globe. As a result, it is reasonable for you to have concerns about how your child travels in the future.

Having a requirement that your co-parent communicate in advance any travel plans is a good start. Specifically with international travel your co-parent should need to provide you with an itinerary of your trip as well as emergency contact numbers. On the other hand, if parental kidnapping is a major concern of yours then you may want to restrict international travel outright. For instance, consider negotiating for a third party to always hold the passport of your child. Only if agreed upon mutually can your child travel beyond the borders of the United States.

Supervised visitation 

In extreme situations, supervised visitation may be ordered in your case. Supervised visitation involves a third party observing all interactions between your child and your co-parent. This may be necessary if parental kidnapping has been an issue for your family in the past. Keep in mind that supervised visitation is far from the norm in a Texas child custody case. Most families share custody on a somewhat even basis. However, you may have evidence which suggests supervised visitation is more appropriate.

The safety and well-being of your child is of the utmost importance. This consideration trumps anything having to do with the comfort of your co-parent. As a result, you need to have convincing evidence to argue that supervised visitation is appropriate. Problems with attempted kidnapping would almost certainly provide the judge with ample context to consider supervised visitation.

Supervised visitation can take place in a variety of settings. For example, there are supervised visitation facilities that allow for families to maintain contact in a controlled setting. There are costs associated with supervised visitation. These costs can be allocated between you and your co-parent as you see fit. Additionally, there are other circumstances which may allow for supervised visitation. Having visitation in a public place or even at the house of a third party may be an option worth considering.

Steps to take if your child has been kidnapped by a parent

Obviously, when you come to find out that your co-parent has kidnapped your child it is an extremely uncomfortable situation. However, it is important to act as soon as you can. Losing time after your child is kidnapped means that you lose an opportunity to find your child as quickly. First, always have multiple copies of your court order handy. Electronic copies are good, but you should also have physical copies that can be given to law enforcement. Absolutely make sure that you understand your court order and that what you perceive to be kidnapping is a violation of your court order.

Next, be sure to contact law enforcement. Interference with a child custody order is a criminal offense. While the police or other law enforcement may not want to get involved with the civil matter regarding child custody issues, the prolonged kidnapping is a different matter altogether. In that situation be sure to tell officers the truth and help them to understand the circumstances which are ongoing. Then provide to law enforcement any contact information available for your co-parent, their family, and your child.

Then, be sure to reach out to an attorney. For example, an attorney with the Law Office of Bryan Fagan can help you by drafting and filing a motion for an emergency temporary order. These temporary orders will be crucial for you to be able to maintain possession of your child once he or she has returned home. This way your co-parent is not able to once again take possession of your child and potentially Kidnap your child.

What can a family law attorney do for you in a parental kidnapping situation?

There are several advantages to having an experienced family law attorney by your side during a situation involving parental kidnapping. First, an attorney can advise you on any steps that can be taken within the family law world to protect your child. As they say, an ounce of prevention is worth a pound of cure. This means that preventing the kidnapping in the first place is the best possible course of action. Including stringent requirements for disclosure of international travel and third-party passport holding is a great place to start. 

Next, an attorney can help you to understand your options if evidence exists that your co-parent is planning to kidnap your child. Be aware of situations involving your co-parent quitting their job, cutting contact with the community and generally acting suspiciously regarding travel. If it is out of character for your co-parent to travel, yet he plans a lengthy trip with your child to another country that may be an indication that a problem is afoot. An emergency hearing attached to a modification of the existing child custody orders may be in line.

When time is of the essence, as it is with a parental kidnapping circumstance, you cannot afford to sit by and wait. An attorney will help you to take the steps necessary to protect your child. Filing documents which are drafted correctly in the right place sounds like a basic thing. However, simply avoiding mistakes is a huge part of having a trusted representative in your case.

Final thoughts on parental kidnapping in Texas

Although parental kidnapping is an intimidating situation it does not need to be something that you allow to happen to you. Rather, take steps now to strengthen your circumstances to help prevent parental kidnapping from happening in the first place. The attorneys with the Law Office of Bryan Fagan thank you for joining us today here on our blog.

Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan

The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.