Q: I have primary custody my children. My ex husband is holding one of my kids against his will & against court orders..
The case was established in Philadelphia. He has my son in Delaware and I am currently residing in NC with his other child. When I brought his kids to see him last summer he held both of them a day before I was scheduled to travel back and demanded child support back. He demanded I return a large portion of the child support. Being in a difficult position I agreed to allow my son to stay with him and I have been reimbursing him for 11 months only to avoid having this be handled by the court system. He has recently filed a petition to remove our son from the child support case even though I've been paying him every single month, and he made no mention of my paying him back in his petition. He has nullified our original agreement to keep this out of court. My son wants to return to me but he wont allow him. I know what he is doing is not legal and my son wants to be back with me. I dont even want his child support, I want my son back. What can I do??
A:
I think you need the court's help at this point -- and you're getting shafted with the whole pay-back-child-support "deal." Technically, if your son has been with his father in the state of Delaware for 11 months, then Delaware would have jurisdiction for any child custody case at this point (even though the present custody order is from Philadelphia).
I think you need to hire a family law attorney who is licensed in both Delaware and Pennsylvania, and probably start by filing for relief in Philadelphia. It might get transferred to Delaware, but maybe not (and especially not if Father doesn't ask for a transfer).
You're in a jam, no question. Best of luck to you.
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