My friend's ex husband refuses to give back the child. He keeps making excuses to keep her longer. Can my friend take legal action? What can she do?
2007-05-30 15:49:19 · 18 answers · asked by draydraydajetplne 1 in Family & Relationships ➔ Marriage & Divorce
She needs a court order clarifying custody and visitation arrangements. If she doesn't have one, she needs to get one NOW. If he has violated an existing order, call the police.
I'd call the police anyway just to see if they will help even if she doesn't have a custody order. Good luck.
2007-05-30 15:53:11 · answer #1 · answered by stseukn 5 · 1⤊ 1⤋
What is the reason he is not giving the child back? Maybe he thinks the child is being abused/neglected somehow. Is the child in any immediate danger by being with the father? The reason I ask these questions is that there was a question from a father a couple of months back who knew his daughter was being sexually abused by his ex-wife's boyfriend. The ex-wife was too besottled by the new boyfriend that she refused to accept that her boyfriend was doing anything at all to her daughter. The father had to take drastic measures to get his daughter away from that situation. Because the wife didnt have legal custody then he had every right to take the child to where she was safe. Then he was going to go through the courts to attain legal custody.
There are always two sides to every story. If the child doesnt want to come home....if the child wants to stay with the father, then I would assume there is something in the child's life that is not good. If, however, the child is being disadvantaged or is in a risky environment, then the mother needs to get legal custody of the child. If this argument is about hurting the other person and has nothing to do with the child's safety, then both parents need to sit down and decide what is in the best interests of the child. It is always the best interests of the child that needs to be considered first and if the child is happy living with the father and there are no risks involved and he is better equipped to give her the best possible care, then maybe the father should have custody. Not all mothers are the ideal parent. What is in the child's best interests is what both parents should be asking.
2007-05-30 23:02:01 · answer #2 · answered by rightio 6 · 1⤊ 0⤋
technically if there is no assigned custody of the child, either parent is legally in the right to have that child!! if there was a point in which he was gone from where he is keeping the child ,but the child is there with someone else, she could go try to get the child and be legally in the right
2007-05-30 22:58:16 · answer #3 · answered by spindymindi 3 · 1⤊ 0⤋
Of course. Who has legal custody of the child?
If SHE has custody, he is kidnapping. If HE has custody, then he has a right to have the child.
How long has this been going on? A few days or a few weeks or months? She can hire a lawyer and drag him to court... he is in contempt of court if she is supposed to have custody. If the court has not ruled on custody, then the parents will have to go to court, and the court will decide on custody.
If this gets into a messy legal battle, it will only hurt the kid... this needs to be handled beween the parents if at all possible. Children need BOTH parents. They made the kid together, they should raise the kid together. The parents need to put all differences aside when the kid is present... and BOTH parents should be a part of the childs life.
2007-05-30 22:55:45 · answer #4 · answered by Mike 6 · 1⤊ 0⤋
Sure can, especially if the child is to be living with the Mother, which most divorce papers stipulate. If she has the divorce papers and takes this to the police it can be called kidnapping.....especially if he refuses to return the child. The police should help her straight off. If the law in your state is like mine the police should go get her. If not she will have to get an attorney and possibly go to Department of Child and Family Services. But, she must prove she has custody and that the child is to live with the mother.
2007-05-30 23:00:46 · answer #5 · answered by Anonymous · 0⤊ 1⤋
If they're divorce is final, there should be a permanent custody agreement. If he is in breech of the agreement, she can call the police.
If they're not divorced yet, she can file a T.R.O (temporary restraining order). This will set up guidelines, including temporary custody, in which each parent is ordered to follow until the permanant custody arrangement can be agreed upon.
2007-05-30 23:04:41 · answer #6 · answered by Lyndsey G 3 · 0⤊ 0⤋
You mean that he refuses to give back "his" child...I fixed it for you.
Depends on what the divorce documents have to say. Maybe he is suppose to have the child, maybe she is the one in the wrong. Either way have her go to the police, but make sure she takes the court papers with her.
2007-05-30 22:54:10 · answer #7 · answered by Just a friend. 6 · 2⤊ 0⤋
oh yes she can take him to court. first does he have a emergency protective order against her that is why he is keeping the child longer? do they have joint custody? if not sha has every right to go there with the police and claim her child back,i would also take him to court and explain to the judge the hassel it is to get the child back or file kidnapping charges against him. good luck to your friend.
2007-05-31 00:20:49 · answer #8 · answered by Cheryl 2 · 0⤊ 0⤋
Who has legal custody of the child? If she does,she should call the police.If she doesn't, and he isn't abiding by the divorce agreement, she should seek legal consult. She has a right to be the childs mother.
2007-05-30 22:54:07 · answer #9 · answered by Lisa H 3 · 2⤊ 0⤋
Who has legal custody? If she has; then she need's to call the police and go get her child. If she doesn't have custody then she will have to get an attorney and go to court. She better not waste any time or she may loose custody.
2007-05-30 22:55:15 · answer #10 · answered by ? 1 · 2⤊ 0⤋