Q: What can I do if the mother won't return the kids despite my custody?
I have legal custody of my children, and their mother was supposed to return them after spring break, but she hasn't. It's been 13 days since I talked to them. I was supposed to pick them up at 6:00 tonight, but it's now 10:30, and her house is dark. I've been to her house twice. Local law enforcement says this is a civil matter and won't intervene. What can I do?
A: She should get a ticket from the police for unlawful interference with visitation. You need to file a Petition for rule to show cause to have her held in contempt.
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A:
If you have legal custody and the mother is refusing to return the children, the first step is to document everything. Keep a record of the dates, times, and any communication with the mother, as well as your attempts to pick up the children. This documentation can help you show the court that the mother is not complying with the custody order.
Since law enforcement is treating this as a civil matter, your next step would be to file a motion with the family court. You can ask the court to enforce the custody order and possibly request that the children be returned immediately. The court can issue a writ of habeas corpus, which orders the children to be returned to you.
It’s important to act quickly to protect your rights and your children’s well-being. If the mother continues to withhold the children, you may need to consider filing for contempt of court for violating the custody order. Consulting with a family law attorney can help guide you through this process and ensure the situation is resolved legally.
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