Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘My son moved with his mom to Texas from California and she doesn’t want to give me their new address. Can she get in trouble for hiding my son from me?’Assuming that you have a court order allowing you time with your child, if she is withholding your son from you during the times that the order says he should be with you, then she may be guilty of parental kidnapping.
Question: In addition, if California has jurisdiction (for example, if your court order is from California), and if she moved away from California without first obtaining permission of the California court, you can file an action with the court in California demanding his return (and requesting temporary custody, if need be).
Answer:
If, however, you have no court order at all, then she is not yet guilty of anything, and you will need to file an action with the court, and asap before she achieves residency in Texas, at which point the Texas courts may take jurisdiction.
