Q: If neither parent of a child has custody and Father takes the child and won't return him....
Would she need to try to set up mediation so she can get her child back? She is in another state working. When she left to set things up down there, the child was in school and did not want to change schools b/c it was so close to being out last yr. But the Dad went to the school when he found out that she left the child with her Dad to finish school, he withdrew him and changed his school. She has had no transportation to come back here and do something. The one time she did, the school called the Dad and he showed up with the cops. She had to leave without her Son. What can she do to get her Son back hopefully without having to take it through the court since her Residence has changed?
A: When you say neither parent has 'custody' I am assuming you mean neither parent has court ordered custody. If so, are you sure about that? A school and the police generally will not assist a parent who does not have a court ordered custody order. Father may have applied for an emergency temporary order. If so you will most likely need to fight custody where the child is now. In any event, you will want to consult with an experienced family law attorney ASAP. The longer you wait the weaker your case gets and the more it appears to the court that you acquiesced to father taking control / custody of the child.
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