Non-custodial refusing to return child

Colin Smith

New Member
Jurisdiction
Texas
I am the domiciliary parent of my 9 year old daughter. Her father has joint physical custody, but he lives in another state. Our agreement was written and signed in Plaquemines Parish, Louisiana, he resides now in Mississippi, and I live in Texas. It states that she primarily resides with me, with liberal physical visitation for him to include holidays.


Recently her father requested custody of her for the upcoming school year, which I agreed to with the understanding that she will return to me for the summer; and after the summer she would decide which parent she wants to live with -- at which point we would modify the custody agreement in reflection of her choice. He came to our location over the Christmas break, and took her to live with him for the upcoming school semester. Currently, the previous agreement is still in place, but he is stating now that he does not want her to live with me again. I am unsure of the next course of action, and I feel that he will proceed in attempting to withhold her from me. I want to tell him that I want her back now, because he seems to be declining our verbal agreement, but I think in part that if I pursue action he will not let me have her back at all. I am considering waiting until the summer to see if he follows the agreed course of action, but it might be too late.


My question is, should I demand she be returned now in accordance to our current written agreement, or should I wait in hopes that he will follow the verbal agreement? If the best course of action is to get her back now, should I register her here for school so that he cannot do the same where he is? What effect will this have on my chances of getting her back quickly and legally?
 
Whatever is the last order from the court is the one that can be enforced, regardless of any agreements you may have made outside of court.

If the most current order indicates she should be with you then seek enforcement of the order.
 
Not sure how valid the order is since both seem to live outside of the area the order originated from
The order is valid until a new order is issued.

OP: Where has the child lived for the last 6 months? Where-ever that is, I'd suggest speaking with an attorney in that jurisdiction. Take your current court orders.
 
Our agreement was written and signed in Plaquemines Parish, Louisiana

Did you and the other parent CHOOSE to craft your own child custody agreement/contract?

Does the AGREEMENT you created bear the seal of a court?

Is there, or was there EVER a child custody order crafted by a jurist in ANY US state or territory?

Answer those three questions and you'll receive more precise responses.
 
Did you and the other parent CHOOSE to craft your own child custody agreement/contract?

Does the AGREEMENT you created bear the seal of a court?

Is there, or was there EVER a child custody order crafted by a jurist in ANY US state or territory?

Answer those three questions and you'll receive more precise responses.

Yes, the custody agreement was part of the divorce decree in Louisiana and bears a seal of court.
 
Yes, the custody agreement was part of the divorce decree in Louisiana and bears a seal of court.

You will probably require a lawyer to assist.

Visit a couple, listen to their suggestions.

The child is now in MS.
You're in TX.
LA issued the existing order.

Things have gotten complicated.
 
I am the domiciliary parent of my 9 year old daughter. Her father has joint physical custody, but he lives in another state. Our agreement was written and signed in Plaquemines Parish, Louisiana, he resides now in Mississippi, and I live in Texas. It states that she primarily resides with me, with liberal physical visitation for him to include holidays.


Recently her father requested custody of her for the upcoming school year, which I agreed to with the understanding that she will return to me for the summer; and after the summer she would decide which parent she wants to live with -- at which point we would modify the custody agreement in reflection of her choice. He came to our location over the Christmas break, and took her to live with him for the upcoming school semester. Currently, the previous agreement is still in place, but he is stating now that he does not want her to live with me again. I am unsure of the next course of action, and I feel that he will proceed in attempting to withhold her from me. I want to tell him that I want her back now, because he seems to be declining our verbal agreement, but I think in part that if I pursue action he will not let me have her back at all. I am considering waiting until the summer to see if he follows the agreed course of action, but it might be too late.


My question is, should I demand she be returned now in accordance to our current written agreement, or should I wait in hopes that he will follow the verbal agreement? If the best course of action is to get her back now, should I register her here for school so that he cannot do the same where he is? What effect will this have on my chances of getting her back quickly and legally?

You take him to court for contempt...you really, really need a lawyer. The judge is going to look at what the last written and signed order states but will likely take into account the verbal agreement.

If you don't take any action then that's on you but he's in violation of the custody order. So take him to court and if the judge rules in your favor there's not much he can do except kidnap the kid. Your best bet is finding a lawyer. Some offer free consultations. Start there.
 
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