Q: My ex took my kids, I have full physical custody. He won't return them. Can I just get them from their school.
A: If you have a court certified copy of the order giving you custody and it is clear when the children are supposed to be with you, not something vague like the parents will decide parenting time, then you can ask a police officer to help you pick up your children or you can show the certified copy to anyone who has the children and pick them up. The problem you are going to run in with is the next time he has parenting time and doesn't return them. You don't want to put your children through this over and over again. You need to file a motion with the court to enforce the custody parenting time order and alert the court to what your ex is doing so the court can warn him of consequences if the behavior continues. If you and your ex don't have a set parenting time schedule that very precisely spells out what days and times he has the children now is the time to ask for a more specific parenting time plan.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.