Q: Ex and I have a court ordered custody agreement. She’s refusing to give him to me on my days. Can she lose her rights?
She takes him out of state on my time. Refuses to give him back, and the police will not get involved. This has happened over 5 times. When we go to court can I fight for full custody, and she just get visitation? Can she lose her rights? Can they grant me some custody?
A:
Your first step may be to file a Family Access Motion. This is a potential self help remedy as you do not necessarily need an attorney to file the motion. The court will expedite a hearing and can grant make up time and can impose a financial penalty to her. However, if you want to modify custody, you'll need to actually file a Motion to Modify Child Custody and you will need to hire an attorney unless you know how to represent yourself.
Whether the Court will modify the parenting plan is difficult to answer as there are so many factors the court will consider, but yes it is absolutely possible to modify the existing parenting plan. Will she lose her rights? very unlikely.
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