QUESTION
What can I do if my husband won't give me back my children?
Asked on Dec 12th, 2011 on Child Custody - Maryland
More details to this question:
I let my husband have visitation and he refused to give my children back. He says I can't have access because I have a boyfriend. We are only separated.
10 ANSWERS
Insurance Attorney serving Cumming, GA
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Law Offices of Dorothy Spinelli
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If you have a separation agreement, you can file motion for contempt if he is not following it otherwise you need to file a lawsuit.
Answered on Dec 20th, 2011 at 10:38 PM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If you have already obtained a court order that gives your primary custody and your husband visitation rights, then the polic should be able to enforce the court order. If there is no court order, then you and your husband are presumed to have joint custody. In order to enforce your right to joint custody, or to obtain primary custody, you need to file a complaint for custody, along with other required forms, and you will need to show that it is in the best interests of the children to be with you.
Answered on Dec 19th, 2011 at 6:56 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to file for divorce. Only a judge can order him to return the children.
Answered on Dec 16th, 2011 at 12:21 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If there is no court order, you have no more legal rights than your husband. You need to start a divorce case so that a realistic parenting plan that controls what each parent can and cannot do in raising the children. His reasoning (i.e., because you have a boyfriend) reflects more about your husband's concern for himself and his own ego than for the best interest of the children, but he also has a point in that you are still legally married and not setting a very good example for the children - especially if the boyfriend has his own issues.
Answered on Dec 16th, 2011 at 12:19 PM
You need to make a report to the local police department. If you have an order giving you custody, the police will help with returning the children. If you do not have an order granting you custody, you need to get one by filing for divorce and asking for an emergency hearing.
Answered on Dec 16th, 2011 at 11:10 AM
You need to get an attorney. The children are not your children. Both parents have equals rights regarding the children. And both parents have a responsibility to protect the children.
Answered on Dec 16th, 2011 at 9:39 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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You have made a very good argument for legal separation or divorce when the marriage is over settling the basics. Right now the court sees you as married and able to decide support, debt, and child visitation issues but you can't. You need a domestic relations attorney to advance either a formal separation or a divorce where the basics are agreed to and enforceable in court. Chances are your husband will not willingly allow you to see your children.
Answered on Dec 15th, 2011 at 11:46 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You should seek a court order.
Answered on Dec 15th, 2011 at 10:21 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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You don't mention whether you have a custody or access visitation order. I am also wondering if your children are in school and whether your husband has been taking them there or what he does with the children if they aren't in school. Are they in aftercare? If you don't have a court order to enforce (where you could call the sheriff or police and have them help you enforce the order and enforce with the court's power of contempt) you could go to court on an Emergency Motion to have them returned, especially if they are missing school or being left alone. If the latter were the case you could also call Child Protective Services or the Dept. of Social Services and report your husband.
Answered on Dec 15th, 2011 at 9:53 PM
Criminal Law Attorney serving Ellicott City, MD
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Law Office of William C. Wood, LLC
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You can file for custody of the children.
Answered on Dec 15th, 2011 at 9:51 PM