Glad things worked out. If you need to go to court, in the San Antonio area, I recommend Jeff Bernstein for family law.
And congratulations on the wedding. May you share a long happy life together.
Search found 3 matches
- Tue Nov 17, 2020 11:27 pm
- Forum: Off-Topic
- Topic: Family Law
- Replies: 19
- Views: 3804
- Mon Nov 16, 2020 11:13 pm
- Forum: Off-Topic
- Topic: Family Law
- Replies: 19
- Views: 3804
Re: Family Law
Sorry you had that experience. A lot of officers don't like to get involved in custody cases because they are always messy. Sometimes, the officers are human and, generally being male, they put themselves in the fathers position and see how biased the system is towards mothers. I believe the system is moving towards being more fair but it certainly does have that reputation. The officers are wrong and forget their job when they do this, but they are humans.
There is no reason at all not to take a report though. It takes about five minutes to get what everyone said written down and then kick it up the chain of command to see what the supervisors say.
I am glad you thought of this before I mentioned it though. Always use the law when you can. I think most of the forum members here have learned to do what you did, research the law and try to go the legal route. I hope things work out well for you.
There is no reason at all not to take a report though. It takes about five minutes to get what everyone said written down and then kick it up the chain of command to see what the supervisors say.
I am glad you thought of this before I mentioned it though. Always use the law when you can. I think most of the forum members here have learned to do what you did, research the law and try to go the legal route. I hope things work out well for you.
- Mon Nov 16, 2020 9:28 pm
- Forum: Off-Topic
- Topic: Family Law
- Replies: 19
- Views: 3804
Re: Family Law
I have a question that may seem stupid, but don't you already have a court order? Was there ever a custody order from a court, either as part of a divorce or as a stand-alone child custody case if they never married? If you did and your fiance was supposed to be the possessory guardian, call the police back. Show them the order and then refer them to Penal Code section 25.10.clarionite wrote: ↑Mon Nov 16, 2020 12:57 pmWe've had three calls out for LEO. Each time they come out (to first his dad's and twice to his mom's where he's run and hidden with her.) and each time they say the same thing. They can't force him to return her without an order from a judge.
Sec. 25.10. INTERFERENCE WITH RIGHTS OF GUARDIAN OF THE PERSON. (a) In this section:
(1) "Possessory right" means the right of a guardian of the person to have physical possession of a ward and to establish the ward's legal domicile, as provided by Section 1151.051(c)(1), Estates Code.
(2) "Ward" has the meaning assigned by Chapter 1002, Estates Code.
(b) A person commits an offense if the person takes, retains, or conceals a ward when the person knows that the person's taking, retention, or concealment interferes with a possessory right with respect to the ward.
(c) An offense under this section is a state jail felony.
(d) This section does not apply to a governmental entity where the taking, retention, or concealment of the ward was authorized by Subtitle E, Title 5, Family Code, or Chapter 48, Human Resources Code.
I am not a lawyer and I could be wrong about this, but I do know that a lot of police officers do not know about this section of the law.