Texas Family Code - Section 153.502. Abduction Risk Factors
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§ 153.502. ABDUCTION RISK FACTORS. (a) To determine
whether there is a risk of the international abduction of a child by
a parent of the child, the court shall consider evidence that the
parent:
(1) has taken, enticed away, kept, withheld, or
concealed a child in violation of another person's right of
possession of or access to the child, unless the parent presents
evidence that the parent believed in good faith that the parent's
conduct was necessary to avoid imminent harm to the child;
(2) has previously threatened to take, entice away,
keep, withhold, or conceal a child in violation of another person's
right of possession of or access to the child;
(3) lacks financial reason to stay in the United
States, including evidence that the parent is financially
independent, is able to work outside of the United States, or is
unemployed;
(4) has recently engaged in planning activities that
could facilitate the removal of the child from the United States by
the parent, including:
(A) quitting a job;
(B) selling a primary residence;
(C) terminating a lease;
(D) closing bank accounts;
(E) liquidating other assets;
(F) hiding or destroying documents;
(G) applying for a passport or visa for the
parent or the child; or
(H) applying to obtain the child's birth
certificate or school or medical records;
(5) has a history of domestic violence that the court
is required to consider under Section 153.004; or
(6) has a criminal history or a history of violating
court orders.
(b) If the court finds that there is credible evidence of a
risk of abduction of the child by a parent of the child based on the
court's consideration of the factors in Subsection (a), the court
shall also consider evidence regarding the following factors to
evaluate the risk of international abduction of the child by a
parent:
(1) whether the parent has strong familial, emotional,
or cultural ties to another country, particularly a country that is
not a signatory to or compliant with the Hague Convention on the
Civil Aspects of International Child Abduction; and
(2) whether the parent lacks strong ties to the United
States, regardless of whether the parent is a citizen or permanent
resident of the United States.
(c) If the court finds that there is credible evidence of a
risk of abduction of the child by a parent of the child based on the
court's consideration of the factors in Subsection (a), the court
may also consider evidence regarding the following factors to
evaluate the risk of international abduction of the child by a
parent:
(1) whether the parent is undergoing a change in
status with the United States Immigration and Naturalization
Service that would adversely affect that parent's ability to
legally remain in the United States;
(2) whether the parent's application for United States
citizenship has been denied by the United States Immigration and
Naturalization Service;
(3) whether the parent has forged or presented
misleading or false evidence to obtain a visa, a passport, a social
security card, or any other identification card or has made any
misrepresentation to the United States government; or
(4) whether the foreign country to which the parent
has ties:
(A) presents obstacles to the recovery and return
of a child who is abducted to the country from the United States;
(B) has any legal mechanisms for immediately and
effectively enforcing an order regarding the possession of or
access to the child issued by this state;
(C) has local laws or practices that would:
(i) enable the parent to prevent the child's
other parent from contacting the child without due cause;
(ii) restrict the child's other parent from
freely traveling to or exiting from the country because of that
parent's gender, nationality, or religion; or
(iii) restrict the child's ability to
legally leave the country after the child reaches the age of
majority because of the child's gender, nationality, or religion;
(D) is included by the United States Department
of State on a list of state sponsors of terrorism;
(E) is a country for which the United States
Department of State has issued a travel warning to United States
citizens regarding travel to the country;
(F) has an embassy of the United States in the
country;
(G) is engaged in any active military action or
war, including a civil war;
(H) is a party to and compliant with the Hague
Convention on the Civil Aspects of International Child Abduction
according to the most recent report on compliance issued by the
United States Department of State;
(I) provides for the extradition of a parental
abductor and the return of the child to the United States; or
(J) poses a risk that the child's physical health
or safety would be endangered in the country because of specific
circumstances relating to the child or because of human rights
violations committed against children, including arranged
marriages, lack of freedom of religion, child labor, lack of child
abuse laws, female genital mutilation, and any form of slavery.
Added by Acts 2003, 78th Leg., ch. 612, § 1, eff. June 20, 2003.
Section: 153.376 153.377 153.431 153.432 153.433 153.434 153.501 153.502 153.503 153.551 153.552 153.601 153.602 153.603 153.604
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Last modified: August 10, 2007
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