Q: I have sole legal custody of my daughter, dad has parenting time. What can I do if he refuses to give her back to me?
The father of my child has threatened to keep our daughter from me after his next visitation. He gets parenting time every other Fri 3PM-Sun 6PM. I am wondering if I am allowed to involve the police if he does not return her to me? I have a signed court order with our parenting time written in.
Separately--- Can I do anything about the threats being made?
A: I would have to see the language in the judgment, but generally a parent is committing custodial interference if they do not abide by the parenting time plan, and the police should get involved, though sometimes you have to petition the court for a writ of assistance. I would advise hiring or at least consulting with an attorney prior to applying for a writ of assistance. Regarding the threats, you can file for a modification of parenting time and ask that it be supervised, but considering nothing has actually happened yet, it would be a difficult argument. Make sure to keep any record of these threats.
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