One of the most intimidating challenges facing a parent after a child custody or divorce case is figuring out how to get your child back from the father or the non-custodial parent when your co-parent takes them during a time that should be yours. You’ve invested significant time, effort, and expense in a family law case, only to have your co-parent disregard the court orders that you worked so hard to achieve. This betrayal not only violates your trust but also puts your child in a difficult position.
When it comes to how to get your child back from the father on the correct custody schedule, the process can feel overwhelming. However, there are actionable steps you can take to address this issue. In today’s blog post from the Law Office of Bryan Fagan, we will discuss essential tips and information to help you navigate this challenging situation and reclaim custody of your child.
Before we begin, it is helpful to point out that some situations become dangerous or at the very least impractical for you to continue to try to act on your own. As a parent, I’m sure that you would go to the ends of the earth and put yourself in harm’s way to prevent anything bad from happening to your child. However, there are times and circumstances when it becomes counterproductive to act on your own when it comes to having your child return home to you. Acting on thoughts or daydreams about swooping in and “saving” your child, while well-intentioned, can potentially worsen the situation. How can you identify when you are in a situation like that? What can you do to get your child home without exacerbating an already bad situation?
Insights on overcoming child custody challenges
Working with an experienced attorney with the Law Office of Bryan Fagan is a good place to start. We are going to do our best to share tips and information with you in today’s blog post that can hopefully shed some light on a tricky subject. We know that a co-parent can disregard the law and instead take matters into their own hands by creating a parenting schedule that does not conform to your court orders.
Once you get to that point you are facing down a co-parent who is willing to go to great lengths to get what he or she wants. It is not a wild fantasy to imagine a situation where he or she goes even further in preventing your access to your child. Identifying when you are in that situation and how to proceed is what attorneys like ours work for on behalf of parents just like you.
Our attorneys know how to solve bad situations involving children. Unfortunately, the reality of many situations involving children in family cases is that while parents may do their best during a case to achieve fair results in response to their circumstances in the family law case, once that case is over all bets are off when it comes to whether your co-parent is going to follow the rules that the two of you just spent a fair amount of time negotiating upon. Do not underestimate their ability to completely throw you a curveball from time to time. What you do at that moment is what will define the nature of your relationship with your children and with your co-parent.
The attorneys with the Law Office of Bryan Fagan are here to serve our clients
At our office, we work to serve our clients. We do not go into the office, the courthouse, or the mediation room to do what we think is best for ourselves, our business, or the bottom line for ourselves from a financial position. Rather, we walk into these settings with one goal in mind: to serve our clients and their families. It is as simple as that. We work tirelessly to utilize the law to the advantage of our clients.
In children’s cases, the idea that we can use the same methods as we did in the last case for the last client is not applicable. Rather, the attorneys with the Law Office of Bryan Fagan understand that what worked last week may not work this week when it comes to problem-solving. We can use the experiences of past cases but ultimately, we need to work on the fly to create solutions-oriented environments for each client and their family.
Choosing the right attorney for your unique child custody case
What you are going through in having possession of your children denied of you is unique. You, your co-parent, your children, and your lives are unique to you all. The family down the street who is also having a problem with possession denial is not the same as your way. As a result, it would be foolish to assume that the same methods utilized for that person will work for you and your family. A family law attorney cannot roll out of bed and expect to be able to use the same techniques and arguments with your case as he was able to use for another client last week. Family law attorneys ought to be working constantly to improve their arguments, knowledge of the law, and knowledge of the individual family that he is serving. Otherwise, the attorney does nothing more than bill hours to their advantage.
When you are meeting with a potential attorney who may be able to represent you and your family in a situation involving children like how to get your child back from the father, that is something that you should do your best to look out for. Do you think that the attorney that you are talking with will go the extra mile for you and your family?
How many children custody cases does he or she work on per month? What type of results has the attorney achieved for these families? Asking basic questions of the lawyer will allow you to learn a great deal about their mindset and approach to family law cases involving children. Your first instinct may be to spend all of a meeting with the attorney talking to him about your children and your circumstances. However, I think that this would be a missed opportunity to be sure.
Understanding child custody challenges
You should take some time to listen to the attorney answer your questions about this sort of information. Their approach, work ethic, and time commitment to your case will give you the best window into their law practice possible in that setting. Asking the right questions can yield surprising answers from attorneys, both positive and negative. In doing so, you can determine whether this is the right lawyer for you and how you should proceed when it comes to hiring counsel for the possession denial that is currently ongoing in your life.
You may even want to ask the attorney how he deals with hostile situations involving custody denial and how to get your child back from the father. Has he ever worked with a family in your shoes before? What did he do that was particularly effective at getting the child home? What would he have done differently knowing what he knows now? How can you help the effort to have your child returned home? Ask questions and then resist the temptation to jump in and add your two cents. The attorney is going to help you decide on which lawyer to hire- whether he knows it or not.
If you read through the information contained in today’s blog post and have questions about how to proceed and whether you need a lawyer to help you then please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations offer an excellent opportunity for you to gain insight into the realm of Texas family law and understand how hiring one of our dedicated and resourceful child custody advocates can positively impact your family’s circumstances.
Have your child returned to you by considering these options
How to get your child back from the father? When your child is with a co-parent and he or she will not return the child home to you at the correct time and on the correct day then this can feel like a helpless situation. Your child is your world. You would do anything for him. Experiencing your child being withheld from you by someone who disregards the law can evoke a surreal sensation, reminiscent of being a character in a movie or television show.
Rather than sit at home and do nothing or do something that you may regret like using force to have your child returned home to you, there are immediate steps that you can take which will hopefully keep tempers from flaring and return your child home to you just the same. You should consider what circumstances you are in and then make decisions for yourself about what plan of action would seem to suit your needs the best.
It may sound silly, but have you tried to talk to your co-parent about the situation directly with him or her? I don’t mean that you should put yourself in harm’s way or do anything that may jeopardize your safety. However, many people currently do all of their communication via text message. I think this is a mistake.
Addressing custody challenges directly with your co-parent
Ultimately, you can lose a great deal of time by sending messages and then waiting by the phone for him or her to respond. Rather than go in this direction you can be much more direct about the situation by reaching out directly to your co-parent to talk to him or her about the situation on the phone. Many times, simply hearing your voice will snap the person back to reality and allow your child to come home. People will do what you allow them to get away with. Some co-parents will go to great lengths to see how far they can push the boundaries set up by their ex-spouse and a judge. If this sounds familiar to you then understand that you can push back and do so with a great deal of resilience.
You can tell your co-parent what he or she is doing is not only breaking a promise to you but also being extremely harmful to your child. Many times, parents think only of themselves when withholding possession of a child. If you attempt to put the focus on your child that may also snap your co-parent out of whatever mindset allows them to take matters into their own hands and withhold possession to the extent that they have.
Ensuring consistency for your child: addressing custody challenges
Whatever method you choose to employ you absolutely should do something about the situation. Allowing it to go on for some time normalizes bad behavior. It also puts your child in a position where he or she does not know what to expect when it comes to visitation and possession circumstances. Your child should be on a schedule like you all had created in your court orders.
Children function better when they have consistency and stability in their lives. Your co-parent is taking advantage of the situation and in doing so is harming your child. Your child may be having a tough time adjusting to going back and forth between homes as it is. With their schedule now disrupted, it could potentially regress your progress by months in establishing a consistent routine for your child to visit both you and your co-parent at designated times each month.
Rather than let your hard work and diligence go to waste it is better to be able to have your child get back on that schedule as quickly as possible. Begin your attempts to have your child returned home to you by directly communicating to your co-parent that their actions are unacceptable and will not be tolerated.
Start to prepare for going to court
Unfortunately, if your co-parent will not respond favorably to your direct attempts to communicate regarding the situation of withholding custody then you likely need to consider going back to court so that judges can review the circumstances and decide about appropriate ways to address the situation. I understand that returning to family court may be the last thing you want to do. However, when your child is not being returned home to you on time, it may be the only option available to you in such circumstances.
Documenting denial of visitation
Once you determine that involving the family courts is necessary, the first step is to gather documentation that can serve as evidence in your case. Begin this process by issuing a formal demand for the return of your child home to you. Doing this in writing ensures that the attempt is recorded for your case. Unlike oral requests, which are challenging to prove, written communication can be documented more effectively, making it a stronger piece of evidence. If you were denied visitation or possession, you should do your best to document this denial, as well.
Hopefully, you have been keeping a journal of any incidents that have occurred over time during periods of possession with your co-parent. For example, if your children come home from the other parent’s home and tell you about issues then this should be something that you write down so that you can document it for the court if necessary. Collecting proof of these incidents or occurrences would also be helpful and can greatly strengthen your case in the future.
Obtaining a writ of attachment and filing for habeas corpus
The most direct method to have your child returned home to you in this situation is by obtaining a writ of attachment and filing for habeas corpus. With a writ of habeas corpus and attachment, you request that a specific person be brought before a judge or into court for a hearing. In this situation, you are asking the court to bring you your children but also for your Co-parent to present themselves before the judge to explain why possession was wrongfully denied.
With so much going on in your situation it is understandable if your head feels like it is in a fog. Knowing that you need to act is one thing but knowing what to do and how to act is something completely different. This is where having the advice and perspective of an experienced family law attorney can be incredibly helpful. By working with an experienced family law attorney, you can better prepare yourself for what may end up being a difficult family law case.
Conclusion
Understanding how to get your child back from the father when he has violated custody agreements requires a clear knowledge of your legal rights and the available remedies. By diligently documenting all violations, seeking the assistance of legal professionals, and utilizing enforcement mechanisms through the court system, you can take effective steps to restore the correct custody schedule. It’s essential to remain focused on the best interests of your child throughout this process, ensuring their stability and well-being. With determination and the right support, you can navigate these challenges and achieve a resolution that upholds your parental rights and your child’s welfare.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys 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 as well as about how your family’s circumstances may be impacted by the filing of a divorce or child custody case.
Other Related Articles:
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- How Far Away Can a Non-custodial Parent Move in Texas?
- A Father’s Rights in Texas: Legal Advice for Custody Battles
- Father’s Fight: The Right Age for Custody Battles in Texas
- When Can You Deny Visitation to the Non-custodial Parent in Texas?
- Non-Custodial Parent Rights in Texas
- Substance Abuse and Child Custody in Texas: A Comprehensive Guide for Parents
- Preparing for Your Child Custody Hearing Texas
- The Role of Mediation in Child Custody Disputes in Texas
- The Impact of Domestic Violence on Custody Decisions in Texas
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
