*This is a behalf of a friend

Katie and Jim were dating for 2 years, Katie became pregnant while supporting Jim and his mom, Katie continued to work and support Jim and his mom all through out her pregnancy. Katie got off work at 4 pm on a Tuesday and had Bob at 8 pm that evening. Bob is now 7 months old and Katie is tired of supporting Bob and his mom. Bob and his mom do not own cars or have jobs, pay any bills, or help financially with the baby. Katie owns her new vehicle and pays all bills and supports child alone.

Katie and Bob got into an argument and Katie decided enough is enough, to avoid any domestic violence, Katie left the apartment on a Monday evening, stayed with a friend all night. (Jim has NEVER kept Bob over night alone) Now it is Thursday, and Jims mom has taken Bob out of town with all of his belongings and no one knows where she is going or planning on taking Bob.

Is there anyway Katie can get Bob back? We live in Texas if that helps with any state law issues.

*Names have been changed for their protection

charlotte234s

Jim's mother does not have the right to take the baby away out of state, it is considered illegal and even if it is not out of state, without the permission of both parents, it is illegal.

trying4babykirk

What can should she do?

charlotte234s

File a police report that this woman took off with her child, press charges. She should call Jim first and tell him that if his mother doesn't bring the baby back right now that she is calling the police. She is not at fault, it is not irresponsible to leave the child with its father and grandmother, but the grandmother CANNOT just take off with the baby.

trying4babykirk

Just to update everyone: As long as ONE parent knows where the baby is it is completly legal. We went to the police station and that is exactly what they told us. STUPID,yes, I know.

oneguyinohio

If I were the mother, I would try to get papers filed in court as soon as possible to try to get custody as the mother, filing that they have taken the child away from her without her consent, and that they are not allowing any access to her. By filing for custody, as the only parent with an income, she will also be establishing that she has not abandoned the child in any way.

trying4babykirk

Yes she has filed and its in progress...but days seem like years when your child is gone. We started on Wednesday, and he was served papers today I believe. The police pretty much cant do anything because its civil, so they say!

charlotte234s

Are you kidding me? If one parent takes off with a child and does not inform the other, it can be considered kidnapping. This situation is ridiculous. She should call the state police. That is insane.

JudyKayTee

Yes, it's insane but it's the same thing in NYS. As long as there is no custody agreement both parents are entitled to travel with the child, wherever.

Frightening - !

The next obstacle is not getting into Court; it's getting the person who has the child served, particularly if no one knows where he/she is.

I am aware of one situation where the mother alleged abuse or the possibility of abuse through neglect, filed a Petition and the Police DID get immediately involved by Court Order, getting the child back and getting a Protective Order for the mother - but, again, that's only one case and she made a very convincing argument.

(Is this you or a friend? I notice you say something like "we" at one point. If it's you - I'm sorry, this must be just horrible to live through.)

califdadof3

Im a bit confused but Im thinking the baby is ( Bob ) and he is currently with the Grandmother ? If thats true then that is considered kidnapping. The police and FBI should be notified and an amber alert should have already been put out. If they never went to court for custody and he isnt on the Birth Certificate then they are in bad shape.
Your friend needs to move on this NOW and not wait any longer .