QUESTION
I am the non-custodial parent can I refuse to send my child back with the other parent?
Asked on Feb 12th, 2013 on Child Custody - Arizona
More details to this question:
I am the NON-custodial parent and I am concerned what will happen if I refuse to send my son back with his mother? The living condition where he lives is horrible.
10 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Then why haven't you filed for a change in custody? Is there an order saying where the child must live? If so, you must obey the order, but you can get it changed. Alternatively, if the conditions are so bad, call CPS and report the problem. If CPS takes custody, they will probably turn your child back to you. Even so, still file for a change in custody.
Answered on Feb 18th, 2013 at 2:21 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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You need to hire an experienced family law attorney like me. You may have grounds for an emergency order of protection if the living conditions for your child substantially in danger his or her physical, mental or emotional health. An emergency order of protection usually can be obtained in a matter of hours.
Answered on Feb 18th, 2013 at 2:20 PM
John Arthur Smitten
You are not permitted to do that you have to properly file a petition to change custody, and ask for an emergency hearing.
Answered on Feb 18th, 2013 at 2:17 PM
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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Get an attorney and file for modification if things are that bad. You will get in trouble if you violate the order.
Answered on Feb 17th, 2013 at 11:21 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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You need to file for custody right away and call Child Protective Services to investigate the mother's home. If the environment is truly unsafe, you might want to make an Emergency Motion for Custody.
Answered on Feb 17th, 2013 at 11:16 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You do not want to violate a court order. If a change of custody is necessary and it is an emergency, meaning irreparable harm will occur if you return them, you can keep the child and file an ex parte hearing. However, this is a very high standard and rarely granted. If the child's health, safety or welfare is endanger you should consider contacting child protective services.
Answered on Feb 17th, 2013 at 9:53 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You are required to comply with the terms of any court order that decided who was the "custodial parent" and who was the "noncustodial parent". If there is no court order, those terms are meaningless in attempting to define what each parent can or cannot do. If you are the father and there is no court order affecting the child and the parents, you probably have no legal authority to do anything and refusing to return the child could subject you to kidnapping charges.
Answered on Feb 17th, 2013 at 9:46 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If the conditions are so bad, you have to file to modify custody. You can't simply refuse to return the child. If it's a true emergency, try for an emergency order but the courts frown on custody on emergency basis.
Answered on Feb 17th, 2013 at 9:46 PM
Landlord & Tenant Attorney serving Thibodaux, LA
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The Louque Law Firm, L.L.C.
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You can be found contempt of court and put in jail. If you think the home is that bad you should hire an attorney who can discuss whether you should try to change custody. If there are any typos it's my iPhone's fault.
Answered on Feb 17th, 2013 at 9:24 PM
You are obligated to comply with the court's orders; however, if you believe those orders are no longer in your child's best interests.
Answered on Feb 17th, 2013 at 9:23 PM