What If Your Ex Does Not Return Your Child After Visitation?

20 October 2016
 Categories: Law, Blog

In many instances, divorced spouses are able to follow their child-custody orders and co-parent their children. However, there are some instances in which problems occur. When your ex refuses to follow the child-custody order and return your child to you, you have legal options available to you. If you are concerned your ex will take your child and not return him or her, here is what you need to know.  

Will the Police Intervene?

Since you have an order in place, asking the police to help resolve the matter seems like a logical step. However, whether or not the police actually get involved depends on the officers who are assisting you. 

Custody is usually viewed as a matter for the family court. As such, some officers are reluctant to get involved and will advise the custodial parent to file a request with the court to hold the non-custodial parent in contempt.  

Alternatively, some officers will get involved and at the least contact the non-custodial parent and obtain his or her location with the children. If the officer you are working with agrees to contact the other parent, ask him or her to accompany you to pick up your child. Even if the child is not returned to you at that moment, you will have the police officer's testimony regarding your ex's refusal to return the child.  

Will the Court Intervene?

When you and your ex divorced, and the judge issued a custodial order, ensuring that the order is enforced became the job of the family court. If your child is still with the non-custodial parent, contact your divorce lawyer. He or she can file a motion with the court. A court date will be scheduled to address the matter.  

Before heading to court, you need to decide whether you want to change your custodial order to prevent visitations in the future. If you and your ex share custody, you need to consider whether or not you want to request sole custody. Asking for a temporary or permanent change to the court order could help to prevent a situation in which your spouse has your child and will not return him or her. 

Your divorce attorney can help you decide the right move for your particular custodial situation. He or she can take the necessary steps to help legally protect your child in the future, including asking for a change to your custodial situation.

Visit sites like http://madisonlf.com to find a divorce lawyer in your area to help you with your case.