What can a custodial parent do if the non-custodial parent refuses to return the childrenafter a visit?

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What can a custodial parent do if the non-custodial parent refuses to return the childrenafter a visit?

I was just awarded child support. Now the father has filed for custody and says he won’t give the kids back at the end of the summer. Can he do this if I’m the custodial parent?

Asked on July 25, 2011 California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  You must be frantic.  What he has done is request a modification of the child custody order and probably the support order.  Check and see if he has also asked for temporary custody pending the outcome of the proceeding.  If he has and it was granted in his motion then yes, he may be keeping the until this issue is relitigated.  You can not wait to do anything about this.  In other words, get a lawyer NOW to file what ever the papers you need to file to insure that you win this battle.  If your kids are old enough then the court will listen to their requests to live with wither of you as well.  Good luck to you.


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