How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ellen Your Own Question
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
9968427
Type Your Family Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

Non custodial parent has kids out of state for summer visitation

Resolved Question:

Non custodial parent has kids out of state for summer visitation and refuses to return them. Father has sole custody of son and there is no custody order for other son. No one seems to be able to help with emergency temp. order and police won't enforce contempt of court order to return son. Help is needed. What do we do???
Submitted: 5 years ago.
Category: Family Law
Expert:  Ellen replied 5 years ago.

WebLaw :

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

WebLaw :

If there is no custody order for one of the sons, the noncustodial parent has no obligation to return the child.

Absent a court order or proceeding concerning the child, the parent in possession of the child has custody can choose whether to allow the child to visit with the other parent.

WebLaw :

That said, you will need to petition the Florida court for an order regarding the child that is being held in violation of the court order. I suggest that you retain legal counsel in Florida at once

WebLaw :

Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com

Customer:

Even though I am the custodial parent in Virginia? Why would I need to petition the Florida courts?

WebLaw :

Because the child is in Florida and according to your post the police will not enforce the Virginia order. They will enforce the Florida order

Customer:

How do you go about petitioning the courts in FL? Do you have to physically go there?

WebLaw :

One moment

WebLaw :

Unfortunately you will need to either appear in Florida or retain counsel in Florida to appear in your behalf. I suggest that you retain counsel in Florida

Customer:

OK...

Ellen and 5 other Family Law Specialists are ready to help you