Q: If I have just been granted sole legal and physical custody of my children how do I get them?
A bench warrant has been issued for my child’s mother for not showing up to any of our court dates and I have just been granted sole legal and physical custody of both our children. She currently has my children and I don’t know where they live. Can I contact her myself and show her that I have sole custody of my kids and try to get them or do I wait for her to be arrested?
A: The best approach would be to try to do this without the police and contact her. She may not have been served with the order so see what you can do to get it into her possession. I suggest that you not be too aggressive or threatening about it. In the least, try to find out where the children are. If they're of school age I should thing they'd be in school. If she won't cooperate but you can find out where she and they are, you can try to get the police department where she lives to assist you in recovering the children but fair warning, they're not going to break the doors down or arrest her. If none of this works, you'll have to go back to the court to obtain another order, authorizing the police to take less passive action. You really should consider consulting an experienced family law attorney for this situation.
A: Contact the court's Sheriff's Department and give them whatever contact information you have for her -- esp. if you can find an address for her. Give them her social media accounts too, if any. Ideally, you coordinate things with the Sheriff and/or the local police so that you're present when she's arrested . . . and then you can get your kids at that time. Believe me, the police will be more than happy to have someone on hand to collect the children.
Best of luck to you.
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