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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My ex husband and I both live in Missouri. He recently found

Customer Question

My ex husband and I both live in Missouri. He recently found a picture of a naked man on my daughters phone. We only have 1 child together, she's 9. When I came to his house to pick her up, he refused to let her leave with me. He called the police and now DFS is getting involved. He still won't let me see her and has stated that if I want to see her, my mom will have to be there with me. We both have joint legal and physical custody of her. I have called the sheriffs department and they told me that there is nothing that they can do. I would have to go to court. Is this true?
Submitted: 7 years ago.
Category: Family Law
Expert:  Ellen replied 7 years ago.

You may consider bringing a contempt action to compel your ex to adhere to the order and return your child

Generally speaking, when someone violates the court orders they are considered to be in contempt of court. To enforce your rights you will need to file a motion for contempt (may also be called an motion to show cause). In that motion you indicate what the orders are and how he has violated them.

You can typically pick the forms up at the clerk of the court's office and file them yourself.

I hope that the information which I provided was helpful to you.
Customer: replied 7 years ago.
He is stating that he is not going to return her back to me until the police have done their investegation with the phone and the one picture. He is also stating taht because I am bipolar I have no legal rights until I show improvement that is to his standards. Is that legal?
Expert:  Ellen replied 7 years ago.
No it is not legal. The fact that you are bipolar does not remove your legal rights. You need to file your contempt action