Family Law Questions? Ask a Family Lawyer Online.
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Good afternoon. I certainly understand your situation and concern. Your ex has a legal obligation to comply with the order of the court and can not take it upon himself to decide when you can see your child, when the court order specifically states when you are allowed to take and have him. Unless the order stated that he could keep the child if you were working, he has no business not letting the child go with you. As such, you could file a motion with the court, asking that he be held in contempt, for violating the custody order. Moreover, his parents have no legal right to tell you that you can not have the child and if they will not release him to you, you could try contacting the police and have them accompany you to the sitters home, with the order, showing you have a legal right to the child at this time. In addition, the court is always going to act in the best interest of the child. If the father is having surgery and unable to care for the child, it is possible you can file an emergency motion with the court, asking that temporary custody be awarded to you, until he fully recovers, upon which time the previous order will go back into effect. The fact that the child is with a sitter instead of with you, as the mother, is something that the Judge will certainly consider, as long as you can show you have the ability to properly care for the child.
Thank you. You have settled my nerves and eased my mind. I hope you have a wonderful holiday.