If you want to know how to get a child back from a non-custodial parent, call our family law attorneys. Our legal team is ready to help you fight.
Generally, a custodial parent shares various rights and responsibilities with a non-custodial parent. However, in this situation, the custodial parent has the sole right to provide the child with a primary residence.
At times, the non-custodial parent complicates matters. Whether purposeful or merely technical, the non-custodial parent might abduct the child. Unfortunately, it’s fairly common for them to take the child without permission or refuse to return them.
With a civil litigation attorney on your side, you have an advocate to help you figure out how to get a child back from a non-custodial parent. Let’s take a look at this issue and explore it a bit more.
What Do I Do If a Non-Custodial Parent Abducts My Child?
Before you take any step that involves law enforcement or lawyers, it’s a good idea to try to persuade them to return the child. At times, this helps you avoid costly litigation.
In some cases, the child also runs from the non-custodial parent to return home. Moreover, there are legal hurdles that prevent law enforcement from acting. Without a court order signed by a judge, they are unable to enforce the civil order of custody.
Your attorney can help you seek this court order and involve the police when you fear for your child.
Even when a non-custodial parent crosses an international border with your child, you have options. There are legal tools available to ensure the safe return of the child. Additionally, it’s a good idea to consider an adjustment to custody orders when the non-custodial parent refuses to cooperate.
For instance, there’s the potential to terminate visitation rights in a situation like this. Consult your family law attorney to learn more about your rights.
Child Custody in Texas
If you need to know how to get a child back from a non-custodial parent, you probably want to know more about your options. Let’s take a look at custody laws in Texas.
Per Texas law, we refer to custody as “conservatorship.” It involves the court’s consideration of the legal and physical aspects of how divorcing parents share time and space with their children. In Texas, judges tend to issue child custody orders in the best interest of the child.
Through these orders, the court hopes to establish the following.
- The child has continuing contact with both parents.
- Both parents play a role in the child’s life despite divorce or separation.
- The child lives in a safe, non-violent, stable environment.
However, while both parents share certain rights and responsibilities, one parent provides a primary residence to the child. That parent is the custodial parent or the primary conservator. Still, the non-custodial parent retains certain visitation rights.
Oftentimes, parents disagree about the details of custody agreements. Unfortunately, that means it’s important to know how to get a child back from a non-custodial parent in certain circumstances.
Visitation Rights for the Non-Custodial Parent
Unless a court strips away the non-custodial parent’s rights, they retain certain rights and responsibilities. Apart from child support, they have the legal right to spend time with the child. Here are common examples for the non-custodial parent’s visitation.
- Thursday evening of each week
- Alternating holidays
- Every other weekend
- First, third, and fifth weekends of a month
- Up to 30 days of vacation in the summer
Learn How to Get a Child Back from a Non-Custodial Parent with an Attorney
When you need to know how to get a child back from a non-custodial parent, it’s an incredibly unfortunate situation. As with many matters of family law, tempers flare and things grow heated. In these situations, a family law attorney is your advocate.
Whether you want to explore your legal options or have someone to help with mediation, there’s a great benefit to having an advocate on your side. Consult a family attorney in your area to help you understand your options.