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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience:  25 years experience as practicing attorney
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my daughter has always lived with me until last year and her

Customer Question

my daughter has always lived with me until last year and her father got a lawyer and went to court and bashed me and made me look like the worlds worst mom and got custody of her. She is now 12 and keeps begging to come back home and live with mom but we cant even ask him in a adult way without him acting rude and wont even listen. what would happen if i just picked her up and didnt take her home
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.

Dear kristimfry - I would not advise that you violate a court order for custody since you could be put in jail or fined for such an action. The proper procedure would be to file a motion with the court for a change of custody.

 

David Kennett - JD - Attorney at Law

Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
Dave Kennett and 5 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
well i have never gotten any legal document stating i can have visitation but he has me getting her nearly all the time when she is not in school. she is miserable and i dont understand how he could just go get custody after he has never been there without being made to be there also i have another question. the way he got me from getting her so that he could get custody of her was he went up to the courthouse in the county where she and i were both residing and had a restraining order put on me just out of the blue and had it signed by the court clerk it was a temp one. can i do the same thing while she is at my home for visitation and put on there the things they are doing to her that i dont agree with nor would a jugge agree with. basically the only reasoin they have her staying there is to babysit and she is always in trouble and her step mom in my opinion is very verbally abusive by talking bad about me to my daughter and she gets very upset because i do nothing to the step mom and my daughter would like her just to leave me alone and not even bring my name up and also she is constantly asking my daughter questions when she gets home from my house on the weekends about hwat we did and my daughter said she asks so many questions it makes her tired and she doesnt like it but if she says anything or doesnt answer she gets punished. what do i need to do. why can i not go get a temp restraining order the same way he did and put on there why just like he did. that way there will be a court date scheduled without me having to go hire a lawyer for no reason and spend money that i dont have. i have a son with cancer so at this time money is very hard to come by
Expert:  Dave Kennett replied 5 years ago.

I am really sorry to hear of all these problems but I have no way of knowing the history of this case or how various court orders were obtained. If there is a current court order in place you cannot violate it regardless of how it was obtained. If you want to try to get a restraining order that is fine however a change of custody would be more appropriate in this situation. Due to the complexity of all of this I really believe you will need the assistance of an attorney.

 

David Kennett

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