The father of my 5 month old twin girls didn't want to be a Dad and demanded me to abort them. I told him no and left him. We never lived together. However at the 5th month of my pregnancy he said he changed his mind and wanted me in Texas where he had moved with his uncle and I was to move with my half sister and he was going to "be there for me and our twin daughters". I believed him but once here he flipped flopped back and forth with the same issue and it drove me crazy. I ended up moving 4 times back and forth to different apartments. He did came for the twins birth and they have his last name in the birth certificate, but a month later he faded away again. There was no court order establishing paternity thou and no child support in effect, also there was no court order from any judge saying I couldn't move either. He came to visit them very sporadicly and was inconcistent with visitations and emotionally absent. I didn't like it and told him I was leaving with the girls to my family in California because I needed help and he wasn't helping as much nor had a good attitude around the girls. He never bonded with them because he was fighting the issue of not wanting to be a Dad so I told him sorry it didn't work out and whenever he was ready to come visit them. He said OK so I left to my sister back again and from there I packed my things and left to California with my girls and my brother who came to help me move. Almost 2 weeks later I find out that a sheriff went to look for me at my half sisters place where I was staying and she told him I was gone. I found out that he had changed his mind again and wanted me and the girls to stay in Texas. AH! I can't be doing this back and forth with this man's state of mind like this. I haven't heard from him nor want to email or call him because I'm afraid he'll send me some court papers and I don't want to go back to Texas, I have no place to live there. All my family is in CA. I have a great family support system here. Papers were served to me but I was gone already, what does this mean? Is this a valid serve? Can he take me back to Texas? I am in the process of filing for child support here in Cali.

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Originally Posted by Carmen345

... they have his last name in the birth certificate, ... There was no court order establishing paternity ... I packed my things and left to California with my girls ... Almost 2 weeks later I find out that a sheriff went to look for me ... I haven't heard from him nor want to email or call him because I'm afraid he'll send me some court papers and I don't want to go back to Texas
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Papers were served to me but I was gone already, what does this mean? Is this a valid serve? Can he take me back to Texas? ...

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The girls were born in Texas. How long have they been in California with you? Because the timing of your move to California determines the "home state" of the children according to the Uniform Child Custody Jurisdiction And Enforcement Act. This in turn determines which state has jurisdiction to determine custody.

The only related reason a sheriff would have been looking for you would have been to serve process (legal notice of a lawsuit) on you. You aren't going to be arrested, if that's what you fear. Establishing contact with him by e-mail or telephone call isn't likely to constitute valid service of process on you.

How were the papers served on you in Texas when you were no longer there? If it was your last known address, and if it was served upon a "person of suitable age and discretion living" at that location, it may very well have been a valid service, particularly since you seem to be aware of those papers.

Can he require you to take your children back to Texas? If he gets a court order to that effect, perhaps. But it is by no means probable that this will happen.

Yes, the girls are with me in California and have been here for almost a month, he hasn't contacted me for any reason nor call nor email nothing. My half sister is 27 yrs old and does not know my actual address here in Cali because I didn't want her to get more involved. And yes I told the Father of our girls where I was in TX (with my half sister) and that I was moving to Cali soon. I was waiting for my brother who lives here in Cali to come and help me move with the girls which he did. My sister told me the sheriff took her ID info and left without leaving anything with her. What now? Should I call him? Should I email him telling him where I am? He should know cause I told him. I think he's playing "Father of the year" and I'm just too tired of this going back and forth with him and his constant mind changing.

I don't understand about the home state issue but I do know this, that I got pregnant in PA then 5 months into the pregnancy I moved to TX then 5 months of the girls being born I moved to CA... I wonder now... since I have no immediate family in TX nor money nor a place to live, wouldn't a judge see and take that into consideration? Regardless of the "home state" issue? Also, I am very scared with the Father's mental attitude towards the girls and if he wants to be a Dad now I would want for him to take parenting classes and a place of his own if he wants to see the girls. I would have no problem if he is sure this time that he wants to be their Dad. I want my girls to have their Daddy is him who has the issues of "Fatherhood" to them...

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Originally Posted by Carmen345

I don't understand about the home state issue but I do know this, that I got pregnant in PA then 5 months into the pregnancy I moved to TX then 5 months of the girls being born I moved to CA...I wonder now...since I have no immediate family in TX nor money nor a place to live, wouldn't a judge see and take that into consideration? regardless of the "home state" issue? Also, I am very scared with the Father's mental attitude towards the girls and if he wants to be a Dad now I would want for him to take parenting classes and a place of his own if he wants to see the girls. I would have no problem if he is sure this time that he wants to be their Dad. I want my girls to have their Daddy is him who has the issues of "Fatherhood" to them....

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I hate to tell you this but since your evading at this point you can be charged with parental kidnapping since you have crossed state lines and are trying to keep the children and yourself secret. Those are the key points the courts focus on. Its clear your are attempting to kidnap the children. Responsible parents don't do that. Another thing is if the judge awards a move back it will be for the children. You aren't forced to move so you could still stay in California. At this point you need a lawyer and to start answering for your actions. Your coming close to going to prison if you don't start making better choices and then there is no chance whatsoever to see your children from behind bars.

And in case you think Im just trying to scare you then you need to do some research.

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First, without a standing court ordered and recorded custody decision, there is no such thing as parental kidnapping. Parents are seen as having equal "rights" to the child and either can go where they want, when they want with that child at any time. If, however, one parent removes the child to a second or unknown location, the purpose of which is to deny the custody or visitation of the other parent, even without a standing custody decision, it is considered parental kidnapping. In such situations, while warrants for the arrest of the absconding parent and the return of the child are being issued, the left behind parent will also be granted emergency custody.

What Parental Kidnapping IS and IS NOT

One months residence in CA doesn't establish residency. If a case was filed in TX prior to your establishing residence in CA and filing, then TX will have jurisdiction. So you need to find out if any legal action has been filed in TX.

And no, a judge is not going to look at your support system. A judge is constrained by the law.

Di the father sign the birth certificate or an acknowledgment of paternity or is he just listed on the because? This goes to determining legal paternity.

But the bottom line is you have taken the child away from its father and are hiding from him. The courts will view that as parental kidnapping. While you may not be prosecuted for it, it will not be looked on favorably by a court.

I spoke to an attorney before I left Texas she told me there was nothing filed in the court system under my last name. She told me I cannot be arrested for kidnapping my own kids and since there is no court order/child support I could move at will.

Yes, the girls are with me in California and have been here for almost a month, he hasn't contacted me for any reason nor call nor email nothing. My half sister is 27 yrs old and does not know my actual address here in Cali because I didn't want her to get more involved. And yes I told the Father of our girls where I was in TX (with my half sister) and that I was moving to Cali soon. I was waiting for my brother who lives here in Cali to come and help me move with the girls which he did. My sister told me the sheriff took her ID info and left without leaving anything with her.

You must have either told wrong or the attorney is wrong. When you don't let the other prent know the whereabouts of the children and you by choice choose to hide them it IS kidnapping according to the courts.

The fact that your activley trying to keep your location secret shows that to be fact.

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Originally Posted by Carmen345

I spoke to an attorney before I left Texas she told me there was nothing filed in the court system under my last name. She told me I cannot be arrested for kidnapping my own kids and since there is no court order/child support I could move at will.

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But did you tell that attorney that you were going to hide the kids from their father?

What the attorney told you is correct as far as it goes. But you probably didn't tell her all your intentions. As long as there was nothing filed with the courts, you were free to move. It is true, that you can't be charged with kidnapping your own child, EXCEPT if you hide the child from its other parent. So, as long as you refuse to let the father know where HIS children are, then you could be charged with parental kidnapping.

The attorney probably did not tell you that if he files in TX before you establish residence in CA, that the children could be forced to return to TX.

The Father of my our girls KNOWS I left to California to be with my parents, he gave me the verbal "OK" and have texts saved as to him wishing me "good luck", he came here before last October, just a few months ago. He knows the address it's saved in his GPS and he knows the number of cell, my son'[s cell the house number, my mother's cell HE HAS NOT CALLED ME FOR ANYTHING. So now I find out later he send the sheriff to my sister's and now he is playing he doesn't know where I am? I can't call and tell him because he disconnected his phone, he knows the communication lines are open he can always call me or the house or email me if he wants to see the girls, the fact is he is the one playing games, and moving me and the twins before in Texas from place to place with no stability of his own because he doesn't have a place of his own either and couldn't help me anymore forced me to move here where my parents have a home for over 15 years and ALL my family is here including my 20 year old son. I have to say the laws are sometimes wrong when it comes to emotional distress and it just annoys me everything that it's happening to me and the girls right now. I wish I had thousands of dollars so I didn't have to post personal stuff like this here and take care of this the right way... is too bad that I am just started and my babies are just so tiny and need me to be focused and it's hard right now. I love them so much and am so sorry his Father is such an unstable person that doesn't know from one day to the next if he wants to be a Father to them or not. Sooooo frustrating. Thanks for letting me vent.

If you had explained it that way in the beginning our answers would have been different. But you clearly gave the impression you have not told him where you are. Assuming you can prove he knew how to find you, then parental kidnapping is not going to be an issue.

But there is still an issue of establishing custody. If he does file for custody in TX before you can file in CA, then TX will have jurisdiction. That means there is the possibility that he could force the twins back. However, Family Court is charged with seeing to the best interests of the children. So its possible they may see the instability of the father vs the stability that you have in CA and allow you to remain. No way to predict this though. You would be well served to have an attorney represent you if he does bring you to court.

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Originally Posted by Carmen345

...I wonder now...since I have no immediate family in TX nor money nor a place to live, wouldn't a judge see and take that into consideration? regardless of the "home state" issue? ...

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Probably. But the judge would be a Texas judge. Until the girls have been in California for at least 6 months, at which time, if suit hasn't yet been filed, the "home state" would become California.

Thanks ScottGem I knew parental kidnapping was not an issue, the possibility of moving back is the one is bothering me the most... thanks for your comments.

He knows I'm with my parents in CA, he was here last October and have pictures of him and I with my family, he even has pictures standing to the welcome to Los Angeles and Hollywood sign. He knows the phone numbers here too. He now knows where I am.

He filed for child support in Texas I was told through the grape vine... but what does that mean if the girls are with me 100% of the time? BTW He has no place of his own to have the girls over night, no medical insurance for the girls, no job. I do.

Comment on AK lawyer's post

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He filed for child support in Texas I was told through the grape vine... but what does that mean if the girls are with me 100% of the time? BTW He has no place of his own to have the girls over night, no medical insurance for the girls, no job. I do.


It most likely means he has filed for emergency custody and it was granted. That is the only way he could file for support is if he has custody.

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Originally Posted by califdadof3

... It most likely means he has filed for emergency custody and it was granted. That is the only way he could file for support is if he has custody.

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One would think. But information gained through the grape-vine can be unreliable. Check the actual court file. I suggest that OP call the clerk's office and ask. Or, some courts put that information online, but that would depend on the particular county in Texas. Another alternative would be to ask someone to go to the courthouse and review the file for you and send you copies.

If so, you are going to need to contest this in the Texas courts. That may or may not entail actually going to Texas. Contact an attorney there.