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  1. #1
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    Oct 2011
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    Texas
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    Angry Parental Kidnapping, Parental Alienation and Aiding and Abetting

    My question involves criminal law for the state of: TEXAS

    I have plenty of evidence that supports parental alienation towards my husband. The mother has left stepdaughter with friends, relatives, etc and disappears for weeks on end. We have filed a motion for change in custody but was told we needed to hire an attorney. We have had every dorr slammed in our faces. We have police reoprts, audio recordings of her admitting to using drugs. She was married to a sex offender and lied to us about his conviction. CPS has been called on them several times and nothing has been done. They were evicted from their house and stepdaughter and brother were sent to mother's friends house. We had no idea where stepdaughter was until January. Hubby threatened custody and stepdaughter came to live with us.

    Now, in Ausgust, my stepdaughter's mother up and moved with my stepdaughter to another county, turned cell phones off, no forwarding address, blocked us all from Facebook and we have no idea what her address is. We have heard that she is living with a friend of the mother who knows that my husband has joint managing conservatorship. She has been gone since August after living with us from January - August because her mother had no place to live, yet again. Can we get her on parental kidnapping? Also, we would like to press charges against her friend for aiding in this scheme. This has happened on and off for the past 12 years but we had always ended up with her back at our home. She is 13 now and would rather stay with mother's friend because she has no rules there. We do not have money for an attorney and I have called around our area to see if there are any attorney's willing to work payment plans and I have yet to find one. Any assistance would be greatly appreciated.

  2. #2

    Default Re: Parental Kidnapping, Parental Alienation and Aiding and Abetting

    Quote Quoting ssross
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    The mother has left stepdaughter with friends, relatives, etc and disappears for weeks on end. We have filed a motion for change in custody
    Ok, yes, that's an absolutely reasonable reaction, and if mom is leaving the child elsewhere for weeks at a time, that bodes well for dad to seek custody. It's important to note this: does dad have "right of first refusal" in his custody order? If so, his case is much stronger, if not, weaker, but he'd still have a valid point. Exactly WHEN (at what point in the story) did that motion for change of custody get filed? (it's majorly important to dad's case)

    but was told we needed to hire an attorney. We have had every dorr slammed in our faces.
    Being told that you need an attorney to navigate the complexities of a custody dispute isn't a slammed door, it's appropriate advice. You'll get the same exact advice here. An uncontested change of custody, where parties are in agreement is one thing, a contested motion to change custody is another story, and if you fill the court's ears with things that are important to you yet irrelevent to the court's decision, or leave out things that you haven't considered but that the court would give key consideration to, then the time, effort, and attempt can end up mute. If you want the best chance to (a) get your evidence considered by the court, (b) to hit the key factors that the court, not the parents, find applicable, and (c) do so in the manner that causes the fewest delays and backward steps, then an attorney is the way to go. We can't get you through law school online, nor are we privy to the ENTIRE set of facts regarding the case; what we CAN provide is general advice, suggested tactics based on the sliver of the case information that is revealed to us, and tell you what possible challenge are foreseeable based on that information. That means that it isn't going to be comprehensive, and making it a do-it-yourself case carries inherent risk. Now, with that said....let's see if we can address any of the issues....

    We have police reoprts,
    In and of themselves, usually not important. Police reports are generally hearsay. Anyone can make a police report about anything, at any time. What's important is whether there was ever an ARREST (meaning either the police or the DA found probable cause), or even better, a CONVICTION (meaning either a judge or jury found guilt, or there was a plea of guilt). What was the exact nature of the police reports you reference, and what resulted from those police reports?

    audio recordings of her admitting to using drugs.
    Which may or may not be admissible, depending on how they were obtained. Texas is a one party consent state, meaning one party to a conversation must consent to the recording - without that consent, criminal charges are possible. (Things like this are why an attorney are needed - the last thing you want to do is walk into a courtroom and announce that you might have committed a criminal act in gathering your evidence). And, even so, was the drug use in the presence of the children? Is there a CONVICTION for drug use? What evidence will you submit to the court to show that any drug use poses direct danger to the children? (She's driving with them under the influence, CPS has removed the children because mom let them roam the streets in diapers while she was wasted, etc.) Strange as it sounds, drug use, even illegal drug use, often isn't the "key" that people think it is - the "key" comes down to demonstrating DANGER. Mom is likely to counter that she leaves the children with other responsible caretakers during this "use", and if so, while it won't win her mother of the year, neither will it give rise to the immediacy of danger. The key here is showing negative impact on the children, beyond just that they're being cared for by someone else for periods of time.

    She was married to a sex offender
    Relevancy of this depends.....REGISTERED sex offender? Crime against an adult or a child? Did that person have any restriction on them from being around children?

    and lied to us about his conviction.
    If he's a registered offender, his information should be readily available. Dad needs to approach how he brings up this aspect carefully. How and when did dad learn of this person? How and when did dad find the correct information about the conviction? Is the conviction applicable to children or is there a restriction on him being around children?

    CPS has been called on them several times and nothing has been done.
    Then CPS didn't find reason for action. We can't second guess them. We have no idea WHAT was reported to them, when or how they investigated, what that investigator saw, heard, was told, or any of the investigator's case notes. If the children had shelter, food, clean water, weather appropriate clothing, age-appropriate supervision, weren't living in rat droppings or roaches, and were free from physical abuse or neglect, then typically no, they don't remove children or "do" much. Sick as it is, a LOT of piss poor parenting is perfectly legal and not actionable. If you've got proof that any of the listed circumstances exist, then KEEP reporting whichever of the factors are applicable. Again, without reading their case files, we can only speculate.

    They were evicted from their house and stepdaughter and brother were sent to mother's friends house.
    Not sure to what degree that's a problem. Courts don't take kids away from parents because they get evicted, and apparently the children were placed with a known person who continued to provide shelter, water, etc. Again, none of the abuse or neglect angles appear to be in play here.


    We had no idea where stepdaughter was until January.
    THAT could be a major problem. What does dad's visitation order say? What period of time lapsed without contact? How quickly did dad act to file a contempt motion? Speed of dad's action is what is either going to impress, or NOT impress the court as to dad's level of concern.

    Hubby threatened custody and stepdaughter came to live with us.
    Elaborate on "threatened custody". Are you saying that dad threatened to seek primary custody, then with 8 months to do so, didn't actually file for that custody until mom showed up and was allowed to leave with the child?

    Now, in Ausgust, my stepdaughter's mother up and moved with my stepdaughter to another county,
    So during the time the child was living with dad, he never filed to modify custody????????? (broken record: see why people need an attorney? NOT having one has ALREADY caused dad to make major mistakes.)

    turned cell phones off, no forwarding address, blocked us all from Facebook and we have no idea what her address is.
    Which MIGHT all be elements of an intentional attempt to conceal the child. However, they could also be explained by OTHER issues (ie no money to pay the phone bill, living in her car, etc).

    We have heard that she is living with a friend of the mother who knows that my husband has joint managing conservatorship.
    The reality is that courts tend to smile, not frown, on persons who take in mothers with children who have nowhere else to go, even if they suspect that there may be custody issues. MOM is the one responsible for abiding by the court's order.

    She has been gone since August after living with us from January - August because her mother had no place to live, yet again.
    Yet, knowing mom's history and problems, dad never filed for custody during those 8 months? Then when mom showed up to collect the child, didn't seek EMERGENCY custody? Dad will really need to get his mind around the idea that the court is likely to see that as dad's endorsement that mom is ok to have the kids.

    Can we get her on parental kidnapping?
    If you want to get a court to issue a civil order to return the child under an emergency order, perhaps based on UCCJEA (which Texas DOES participate in) or PKPA, honestly...dad is going to need an experienced custody attorney. He can make a police report, but even that isn't going to create action to find/return the child, even if it might later result in a criminal charge against mom.

    Also, we would like to press charges against her friend for aiding in this scheme.
    Dad has MUCH bigger problems to deal with. Again, SHE isn't bound by the court's custody order. MOM is.

    This has happened on and off for the past 12 years but we had always ended up with her back at our home.
    The judge isn't going to be impressed that dad has waited this long. It's REALLY going to hurt his credibilty, badly. One more time: he NEEDS an attorney.


    She is 13 now and would rather stay with mother's friend because she has no rules there.
    Yep, that sounds very typical for a 13 year old. Not only because they don't like rules, but apparently NEITHER of her parents have provided stability and as much as kids start to get rebellious at that age, they also need and crave some fundamental levels of knowing which way the sun is going to come up in the morning. Not getting custody changed and nailed down while she was living with dad has likely seriously shaken up her world, again, and she may seriously question dad's willingness or ability to provide stability. At some point when this whole mess is sorted out, the child could seriously benefit from some counseling (especially in light of negative protection issues with fathers tends to drive teen girls into the arms of guys way outside their age group, and in broken families, contributes heavily to things like teen pregnancy, drug/alcohol use, etc.). Although other issues are at the forefront now, please don't let THIS aspect, the direct psychological impact on the child, fall to the wayside. She's likely to have some major anger issues over being bounced around, and the sooner they are addressed, the better.

    We do not have money for an attorney and I have called around our area to see if there are any attorney's willing to work payment plans and I have yet to find one. Any assistance would be greatly appreciated.
    Keep calling around. Dad can try Legal Aid, but they typically take cases where domestic violence is involved and there is immediate danger implicated. He might check with any local law schools to see if they are willing to provide assistance to get some balls rolling, but there are aspects of this case that are way beyond the average everyday custody case. Check to see if your community has parental support groups - such groups are often the very best sources of local referrals from parents/step-parents who have faced similar issues. They can likely provide guidance on which attorneys in your community are "get it done" bulldogs, and which to avoid unless you like to watch paint dry.

    Then figure out how to pay/fund the legal battle. Sell stuff on eBay. Take out a credit card advance. Sell blood. Work more hours. One of both of you deliver pizzas one night a week. Borrow from friends, family. Have a bake sale, carwash. Whatever it takes.

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