Criminal Law Questions? Ask a Criminal Lawyer.
Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'm sorry to hear that this has been happening. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. Please allow me just a few minutes to prepare some information for you, thank you!
Do you have an official court order or final decree on how time with each parent is split? --If so, then my recommendation is to have your attorney help you bring this back up to the family law judge, and let the judge know that your ex is violating the parenting order. You could potentially also alert police officials that your ex is keeping your son in violation of the order, provide them with a copy of the judgement from the court regarding time distribution, and have them return your son home. I know that could potentially be emotionally uncomfortable for your son, so I know there are many factors to consider with that option; but my best recommendation is to bring this back up to the family court judge immediately, who can either adjust the visitation schedule and/or hold your ex in contempt for violating the order and even arrest them.
As far as making financial payments, is there a court order for child support? --If so, then my recommendation is to continue paying any amount that has been court ordered. The reason for this is that you want to ensure you cannot possibly be held in contempt for violating the court's orders in any way. If the money you pay is voluntary, then any amount you continue to pay or if you wish to stop until your son is returned home, then that is solely in your discretion.
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