How Do I Get My Child Back After a Relative Took Him Without My Consent in Texas?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
What do I do? My child's father has child abuse on his record, and I have full custody. His uncle took my child illegally and forged my signature to do it. It's a small town, and they refused to give him back. I finally got a visit with him, and he says he doesn't want to go back.
Attorney Answer
Texas law treats taking or keeping a child in violation of a custody order as a serious matter, and you have both criminal and civil tools to get your son back. Since you have full custody, anyone who takes him and refuses to return him, especially after forging your signature, is very likely violating both Texas Family Code enforcement provisions and the Texas Penal Code.
Texas Penal Code Section 25.03, interference with child custody, makes it a criminal offense to take or keep a child in violation of the express terms of a custody order or judgment, knowing the taking or retention violates that order. Forging your signature to authorize the removal may also amount to forgery under Texas Penal Code Chapter 32. These are matters for local police and the district attorney, separate from the family court process.
On the family law side, Texas Family Code Chapter 157 allows a person entitled to possession of a child to seek enforcement, including a writ of habeas corpus, which orders whoever is holding the child to bring him before the court so custody can be restored quickly. This generally does not require proving new facts about custody, only that you are entitled to possession under the existing order.
Your son saying he does not want to go back is understandable given the situation, but it does not change who has the legal right to have him. Courts can take a child's wishes into account in some contexts, but a relative cannot lawfully keep a child simply because the child expresses a preference.
What you can do
1. File or follow up on a police report specifically naming the forged signature and the refusal to return your son. 2. Contact a Texas family law attorney immediately about an emergency motion for enforcement or a writ of habeas corpus. 3. Bring a certified copy of the custody order to police and to court. 4. Keep records of every contact with the uncle, including dates and what was said. 5. Avoid removing your son yourself outside of a lawful process, since that could complicate your own position.
This is general legal information, not legal advice. A Texas attorney can move quickly on an enforcement action tailored to your situation.
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Frequently Asked Questions
Is it a crime to take or keep a child in Texas against a custody order?
Yes. Texas Penal Code Section 25.03 makes it a criminal offense to take or keep a child in violation of a custody order or judgment when the person knows the taking or retention violates that order. This applies to relatives as well as parents.
What is a writ of habeas corpus in a Texas custody enforcement case?
It is a court order requiring whoever is holding a child to bring the child before the judge so custody can be restored. It is often used to get a child back quickly when someone is unlawfully keeping the child from the person legally entitled to possession.
Can my child refuse to come home because he doesn't want to?
Generally no. A child's preference does not override a valid custody order on its own, though courts can consider a child's wishes in some circumstances depending on age and maturity. Whoever is holding the child still has to follow the law and any existing order.
