Legal Question in Family Law in Texas

My son's father and I were never married. He has never been granted visitation rights because he has never asked for them. When we lived in the same state I allowed him to see him whenever he wished. My child support agreement says I am residential/custodial parent. If I allow him to go to Ohio with his father does he legally have to return him? My son is 7.


Asked on 7/29/11, 7:10 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

We would really need to see your order before we answer this, but PROBABLY (I'm 95% sure of this), the answer is "yes, he legally has to return the child to you."

Your next question is: What if he doesn't?

You would have to file an application for a writ of habeas corpus.

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Answered on 7/29/11, 4:38 pm


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