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My husband was appointed temparary custody of both his daughters about 2-3 years ago.. due to his situation, his stay at home ex wife chose to leave which put both girls in a bad position due to my husband working he went ahead and gave the girls back to their mom, no paper work has even been filed stating she has the girls back. Today my husband and I (new wife) are married so we stated getting the girl during the summer because they live out of state now. The oldest daughter his having problems now, 9 years of age, she wants to come back and live with her father and I. The mother isn't allowing her because she is afraid she is going to lose her child support for the child. The child is failing in school and having major behavioral problems. The child has admitted that she is acting out so her mom will send her to her dads as she has done before. My question is if we take the child during the summer again does my husband have the right to refuse to send the troubled child back
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If your husband is complying with the existing order, in the long term it should work out, but short term that may be issues if the mother makes claims to the courts or police.
Your best option would probably to make an appointment with a local Family Law Attorney and have them review the latest court order. Depending on what the order states and/or the current situation it may be in the child's best interest to modify the parental rights and responsibilities (aka custody).
For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com
Answered on Mar 04th, 2014 at 11:59 AM
The answer provided is not legal advice and it is recommended that you seek advice of an attorney.