QUESTION
How can the custodial parent get the child back from the non custodial?
Asked on Jan 04th, 2014 on Child Custody - Utah
More details to this question:
My husband and I have had through attorney the custodial parent title. Nothing has been to court yet but we let her go visit the non custodial parent and she is refusing to return her. We have had her since June she is enrolled in school here. What can we do to get her back or can we?
9 ANSWERS
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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File a court action, serve her with the court papers, attend the hearing, prove that it is in the child's best interest for you to have custody.
Answered on Jan 08th, 2014 at 12:46 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You must file a motion for contempt. Also, you can call the police for her violating the custody order.
Answered on Jan 08th, 2014 at 12:45 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can and should file a Motion asking the court to require your former wife to immediately return the child.
Answered on Jan 08th, 2014 at 12:38 PM
It is called contempt of court. You can get emergency orders, and use the child abduction unit to have the child returned.
Answered on Jan 08th, 2014 at 10:13 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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You file a Motion for Contempt or go to his house with the police and a copy of the order granting you custody. Sometimes they will help and sometimes they don't get involved. However, this can only be done peaceably otherwise you could end up with a protective order against you.
Answered on Jan 08th, 2014 at 10:13 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and provide the facts. They seem to be in you favor.
Answered on Jan 08th, 2014 at 10:13 AM
Robert J. Sayfie
If there is no Court order, than there is nothing regulating the duties of the parties. ?You should file a motion in court, requesting that the Court order that you be awarded primary physical custody, and that the other party pay child support per the guidelines. If there is an Order, then you may be able to request that the County Sheriff accompany you to pick up the child if the other side is violating the Order.
Answered on Jan 08th, 2014 at 10:11 AM
4 Awards
You should contact your attorney.
Answered on Jan 08th, 2014 at 10:07 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Not enough information was provided to enable me to give you a useful response. If you provide a little more detail, however, I'd be happy to answer your question.
Answered on Jan 08th, 2014 at 10:06 AM