Q: can my daughters dad refuse to return her home and enroll her into school without my consent?
My daughters father is upset the child support got modified and now he is refusing to return her home. He says he filed for full custody and I will not see her until the judge tells him he has to release her to me . She has been in my custody since she was 2 but I do not have court ordered custody . He only would see her during summer and Christmas and he never calls to check up on her ... can the judge grant him custody ? How do I get my baby back ?
A: These can be turbulent times for parents when there are no court orders. Although he says he filed for full custody, you should check with the court if you haven't got served and you may need to file your own request for order for child custody and visitation in order to obtain court orders. Based on the prior custody it is unlikely he would obtain sole custody, but a judge may increase his custodial time with your child. Increases in child support usually create intense custody battles in order for one parent to decrease what that parent has been ordered to pay. If you acquiesce in taking action with the court, especially if he has not filed with the court, he could obtain primary custody over time.
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A: It is unfortunate that you never got custody orders in the first place. As a result, technically, by keeping your daughter and not returning her to you, he is not in violation of any court orders. If he filed for custody, you need to respond and if he has not already done so, you also need to file a Request for Order to get temporary custody orders in place while the matter is pending.
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A: You should file for custody and bring the facts to support your case. The judge determines the custody structure based on all evidence, considering the best interests of the child. A good lawyer is necessary to help make the decision a fair and just one. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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