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I have sole custody of my daughter and she went out to stay with her father for a short ti

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I have sole custody of my daughter and she went out to stay with her father for a short time, like a long vacation. It has been a month now and he will not return her. He lives in Washington and I live in New York the custody order is from New York. The court suggested to fill out a petition for enforcement of the order. What do you suggest and how do you fill out form GF-41?
Submitted: 2 years ago.
Category: Family Law
Expert:  JerrySJD replied 2 years ago.

JerrySJD :

The form GF-14 is the way to go. Hopefully, when your ex gets this he will stop fooling around. To fill it out, have your original custody order handy. You will need it to fill in the GF-14. To fill out the form, just go step by step and check the applicable boxes.

JerrySJD :

You have an "order", unless your ex was in the military, that part does not apply. You get the case caption off your original custody order.

JerrySJD :

Before you file for contempt, you might try telling him that you were advised to seek a contempt order which will involve sanctions (fines or more) against him. Tell him you would rather not go through that and to send your daughter back on the next plane. You will meet her at the airport. If you have time, you can go out there. Otherwise, try one more time to reason with him. When he balks, file the GF-14. When you speak with him, remind him of how serious this is and that what he is akin to kidnapping under the law. The court will not be kind to him, so he better not play around. Hope this helps. Please click "Accept". If you need more information, please write back and I will help you. Thank you for using JustAnswer!

Expert:  JerrySJD replied 2 years ago.
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Customer: replied 2 years ago.
Thank you, XXXXX XXXXX was hoping there was some other way I guess this is it. Is there anything else I should do to cover my bases?
Expert:  JerrySJD replied 2 years ago.

The GF-41 is the way to go, short of reasoning with him. In case you do not still have it handy: www.nycourts.gov/forms/familycourt/custodyvisitation.shtmlwww.nycourts.gov/forms/familycourt/custodyvisitation.shtml

 

The only other thing is to call the police in Washington where he lives to see if they will go over to his house to enforce the order. Police have been known to enforce out of state custody orders. That might be simpler. Better yet, you could tell him you are calling the police (since you are, this is not a threat). That should do it. If not, call the local police department and explain the situation. Then you can email or fax the custody order. Make sense? Let me know if you need more. I am here to help you. If you are good for now, just click "Accept". Bonuses are appreciated! Thank you for using JustAnswer! Don't be afraid to write back if you want more clarification.

 

JerrySJD, Attorney
Category: Family Law
Satisfied Customers: 821
Experience: Divorce, child custody, support, mediation, alimony
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