Warrant to take physical possession of a minor child

[NYdad88]

What is the name of your state (only U.S. law)? Texas

I am from NY and my ex fled the state of NY with my daughter in May. I went through family court for custody and the mother was served and never showed. I won sole primary custody in August.

I immediately retained a lawyer in Texas to register the order, and came to Texas for a court date on November 25. The mother was served and didn't show up. The judge issued a warrant for possession of the child per the UCCJEA. I immediately had to take it to the constables to enforce the warrant in Harris County which is mom's last known address. I followed the constables to her mother's, where she was staying up until a few weeks ago, the mother said. They also checked her grandparents and they were not home and her uncle's, who he claimed he hasn't seen her. I believe she got spooked by the process server, and her mother admitted to the constable that she is hiding to wait the six months for residency so she can petition for custody.

She has a new boyfriend, which I can see through her Instagram, which is all I have. Her mother knows her location. The constables are treating this as a writ, but it states it's a warrant, enforceable entry day or night. They seem to so lackadaisical about it. The warrant states it was issued because there is a chance the mother might leave the state, and/or the child is in danger.

I don't know why they can't do something to the mother for not disclosing her location. I've been in touch with the district attorney, who says I have to make a formal complaint against my ex for custodial interference. I am meeting with them on Friday.

There has been one road block after another. The other day they wouldn't pass the order to another county to check a possible address, they said I had to go to that court for a new warrant even though this one says it is for the whole state. My attorney called the district attorney's lawyer who authorized it. They went, knocked, no-one answered, and left.

I apologize in advance for posting in this forum rather than child custody forum. I wasn't sure, but my issue is with the constables.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Texas

I am from NY and my ex fled the state of NY with my daughter in May. I went through family court for custody and the mother was served and never showed. I won sole primary custody in August.

I immediately retained a lawyer in Texas to register the order, and came to Texas for a court date on November 25. The mother was served and didn't show up. The judge issued a warrant for possession of the child per the UCCJEA. I immediately had to take it to the constables to enforce the warrant in Harris County which is mom's last known address. I followed the constables to her mother's, where she was staying up until a few weeks ago, the mother said. They also checked her grandparents and they were not home and her uncle's, who he claimed he hasn't seen her. I believe she got spooked by the process server, and her mother admitted to the constable that she is hiding to wait the six months for residency so she can petition for custody.

She has a new boyfriend, which I can see through her Instagram, which is all I have. Her mother knows her location. The constables are treating this as a writ, but it states it's a warrant, enforceable entry day or night. They seem to so lackadaisical about it. The warrant states it was issued because there is a chance the mother might leave the state, and/or the child is in danger.

I don't know why they can't do something to the mother for not disclosing her location. I've been in touch with the district attorney, who says I have to make a formal complaint against my ex for custodial interference. I am meeting with them on Friday.

There has been one road block after another. The other day they wouldn't pass the order to another county to check a possible address, they said I had to go to that court for a new warrant even though this one says it is for the whole state. My attorney called the district attorney's lawyer who authorized it. They went, knocked, no-one answered, and left.

I apologize in advance for posting in this forum rather than child custody forum. I wasn't sure, but my issue is with the constables.

Right now, it's a civil matter.

 

[NYdad88]

That's what I'm being told. Are the constables correct in their dragging there feet?

And if you can answer, at which point would it become criminal?

 

[TheGeekess]

That's what I'm being told. Are the constables correct in their dragging there feet?

And if you can answer, at which point would it become criminal?

Civil is not a priority over criminal.

When Mom gets charged with a crime. And that's not your call.

 

[LdiJ]

That's what I'm being told. Are the constables correct in their dragging there feet?

And if you can answer, at which point would it become criminal?

It becomes criminal when a judge with jurisdiction makes it criminal and then convinces a judge it the state where the child is located also make it criminal...or in the alternative a judge with jurisdiction makes it criminal enough that a judge in any state would endorse that.

Unfortunately, that means that you are going to get little help from the police unless you can actually locate the child.

 

[CavemanLawyer]

Have you inspected the warrant or order issued by the court? Does it actually state it allows forced entry to execute? Because even with a warrant you cannot forcefully enter unless the warrant is for a felony offense. Even if the warrant does authorize forced entry you still cannot do it unless you have good cause to believe that the person is present there at that time. You cannot forcefully enter just to look for them, you have to believe they are actually there. I don't know if the constables are dragging their feet or just obeying the law. They certainly don't want to get sued.

Since the warrant or order is not for a criminal offense nobody can be charged with harboring your ex or with hindering apprehension (PC 38.05.) As far as I'm aware there is also no way to force anybody with knowledge to disclose her location.

It sounds like the DA's office is going to take your complaint for interference with child custody. If they file that charge then it becomes criminal and a felony. The warrant would absolutely authorize forced entry and other people could be charged with hindering apprehension for harboring them. Has your ex been officially served with custody papers though, or has she managed to avoid those to? If the possession order hasn't ever been served on her then I would not be surprised if the DA's office declines charges for the time being until that happens.

Is the child old enough to be attending school? Even if the ex is hiding somewhere the child is going to be stuck in the district of the ex's current residence or the residence of a family member. Seems the possible schools of attendance could verify to the constables office whether the child is going there or not. Maybe they would release that information to you if your lawyer showed them your order. That would be the easiest way to obtain the child. Just scoop them up in the middle of the day without having to worry about where the ex is.

 

[NYdad88]

Yes I have thoroughly read the bond and it states force able entry. And the baby is 15 months old. I have not seen her for 7 months.

And your right about a lawsuit, Thats all i keep hearing. Thanks for the info about the judge

 

[TheGeekess]

Yes I have thoroughly read the bond and it states force able entry. And the baby is 15 months old. I have not seen her for 7 months.

And your right about a lawsuit, Thats all i keep hearing. Thanks for the info about the judge

Baby won't remember you. Do you really think it's in the best interests of a child this young to snatch them from the only parent they've known? Or is this just to get one over on Mom?

http://www.helpguide.org/mental/parenting_bonding_reactive_attachment_disorder.htm
http://www.mayoclinic.com/health/reactive-attachment-disorder/DS00988
http://www.nlm.nih.gov/medlineplus/ency/article/001547.htm

 

[Zigner]

Baby won't remember you. Do you really think it's in the best interests of a child this young to snatch them from the only parent they've known? Or is this just to get one over on Mom?

http://www.helpguide.org/mental/parenting_bonding_reactive_attachment_disorder.htm
http://www.mayoclinic.com/health/reactive-attachment-disorder/DS00988
http://www.nlm.nih.gov/medlineplus/ency/article/001547.htm

OP has a court order for custody. OP is not the one messing the child up IMO.

 

[LdiJ]

OP has a court order for custody. OP is not the one messing the child up IMO.

Nevertheless, its still the child who is going to suffer the worst in the transition. It doesn't matter who caused the mess, its still the baby who is going to suffer the most.

 

[Zigner]

Nevertheless, its still the child who is going to suffer the worst in the transition. It doesn't matter who caused the mess, its still the baby who is going to suffer the most.

Yes - but it's not right to bash a parent for doing things the right way.

 

[TheGeekess]

Yes - but it's not right to bash a parent for doing things the right way.

No. That was not a bash. It wasn't even a rant.

 

[LdiJ]

No. That was not a bash. It wasn't even a rant.

I agree...it was valid "food for thought".

 

[Zigner]

I agree...it was valid "food for thought".

I took it different - but I can see your viewpoint too.

 

[RRevak]

Baby won't remember you. Do you really think it's in the best interests of a child this young to snatch them from the only parent they've known? Or is this just to get one over on Mom?

http://www.helpguide.org/mental/parenting_bonding_reactive_attachment_disorder.htm
http://www.mayoclinic.com/health/reactive-attachment-disorder/DS00988
http://www.nlm.nih.gov/medlineplus/ency/article/001547.htm

The bolded definitely comes across a tad bashy...jes' sayin

I'm going to take a stab here and say that this will more than likely be the only way dad is going to be able to see enough of his child to establish a relationship, as i'm betting those 7 months of absence probably weren't on him. I'm making that a$$umption based on moms seemingly extreme desire to hide and repeated no shows in court. A parent who is ok with the other parent spending time with their mutual child wouldn't be so desperate to disappear. I could be wrong though.