Detroit, MI asked in Family Law and Child Custody for Rhode Island

Q: Case Description Emergency motion question regarding returning daughter to unsafe situation

My daughter has been with me for summer visitation since june14th. I have concerns about her safety with her mother so I haven't returned her to her mother. Today her mother filed an emergency court motion and the judge ordered me to bring her back and gave us a court date of August 18th. What will happen if I wait until the hearing to explain my situation to the judge before returning my child.

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2 Lawyer Answers
John LaRochelle
John LaRochelle
Answered
  • Divorce Lawyer
  • Providence, RI
  • Licensed in Rhode Island

A: You must comply with the court's order. There is no excuse to fail to do so. If you feared so much for you child's safety, you should have filed your own motion, requesting the court to order you not to return your daughter to her mother. If your concern is so great and your daughter is in such danger, you have the option of notifying the police or DCYF of the danger.

You should immediately hire an experienced Family Law attorney to advise you through this process. Respectfully, Father-in-Ohio, in a multi-state child-possession situation that is so serious that you are considering defying a judge's orders and delaying returning a child to her mother, representing yourself is reckless.

My answer to your question does not constitute the creation of an attorney-client relationship. The legal advice given in response to your question is solely based on the limited information you provided in your question. For comprehensive legal advice encompassing all of the details in your legal matter, please contact my office for an in-person consultation with me.

Neville Bedford agrees with this answer

Neville Bedford
Neville Bedford
Answered
  • Divorce Lawyer
  • PROVIDENCE, RI
  • Licensed in Rhode Island

A: If you willfully do not comply with the Judges order, the Judge will have myriad remedies at their disposal to insure you learn not to disrespect, nor disregard, the court's authority. If you value your relationship with your child, and your credibility before the court, I would advise you to work with your attorney, or risk the peril of the various and sundry Judge's wilful contempt remedies.

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