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If this custody is in place - do we need a lawyer for this tomorrow? If she won't return your daughter and you fear your daughter may be concerned or worried, or your daughter will miss school or other things important to her, then you'll need to do an Ex Parte Motion for Temporary Order. YOU SHOULD ALWAYS HAVE A LAWYER FOR THESE TYPE OF CASES, BECAUSE THEY ARE COMPLICATED AND … non-custodial parent won't return child to parent with sole custody, ... She did file a police report that he refuses to return the kids, we are in court tomorrow. If he does not have custody of the child, and refuses to return him, you can honestly involve the police. Texas Non-Custodial Parents Rights. You can also sue for damages. Paranoid delusional or sociopathic? He's in another state - Texas Divorce Questions & Answers - Justia Ask a Lawyer Child visitation refers to the rights that a parent has to visit a child, or to have the child stay with them for a short period of time. Read 1 Answer from lawyers to noncustodial parent refuses to return child to custodial parent. At this point, the police can step in to recover the children, and they can charge your ex with kidnapping. I live in TX & I let my son visit his father in WV. All in all, you can really bust his *** for refusing. If your ex does fail to return the kids, their actions break both criminal and civil law, and also violate the custody and visitation orders that you have in place. In most cases, this refers to the rights of the non-custodial parent. And it is almost guarenteed that he wont be alowd around the child for probable "kidnapping" charges, that could be activated in the future. Has / is the non-custodial parent: Threatened abduction or actually abducted the child in the past? Family Lawyer: WALLSTREETESQ, Lawyer replied 11 years ago. Suspected of abuse, and these suspicions are supported by family and friend? We made an verbal agreement that he was to stay there from the begining of the school year until after winter break. non custodial parent refuses to return child? For custodial parents sharing their child with the non-custodial parents, here are some warning signs to be aware of before a non-custodial parental abduction occurs. For more information, contact the best Austin Divorce attorney…The word custody is often used to refer to the control and responsibility for a minor child, and applies in situations where the parents are not living together. Since they don’t have custody of the child most of the time, courts may grant them specific times that they can visit with the child, such as on weekends or every other week. My son visit his father in WV father in WV Parents Rights are supported by family friend... Return him, you can really bust his * * for refusing agreement he... Lawyers to noncustodial parent refuses to return child to custodial parent i let son. 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