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Roger, Attorney
Category: Family Law
Satisfied Customers: 31662
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I recently asked your advice on amending a parenting plan to

Customer Question

I recently asked your advice on amending a parenting plan to allow my son to see his mom for a month in another state. (if you cannot access our previous chat and need more info let me know) Well things just took a turn for the worse when my sons grandfather (his mothers dad whom she lives with in New York) called me today frantic and said she had gotten drunk and stole and subsequently crashed his wife's car. It is unclear if he has or will report her to the police yet. Her father requested that I come immediately to NY to pick up my son as he believes his mom is out of control. I called my son who seems to be in good spirits and unaware of how much trouble his mom is in although he reportedly witnessed his mom intoxicated and yelling at her dad and step mom. My issue is now that we amended the parenting plan to include this vacation I am unsure if I would be breaking the law by flying there to retrieve my son. The date listed in the plan for his return is August 4th. What steps can I take to go get him without violating the agreement? Since the address he is required to be at the whole time is his grandfathers address would it help if he kicked his daughter out and kept my son and then voluntarily released him to me? Any ideas would help. I would hate to spend a couple of thousand on plane tickets only to come home empty handed. Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - thanks for requesting me about this matter. If the mother would agree to allow you to take the child back, that would be the simplest resolution. Also, if the mother were to be charged/jailed over the incident, that should allow you to recover the child without issue since the mother would be unable to care for the child for the remainder of the visitation window. If neither of these pan out, it could be risky to go get the child without a court order as that could result in the mom filing a contempt motion for you getting the child before her time was over.
Expert:  Roger replied 1 year ago.
Thus, you may need to file a motion for an emergency temporary order allowing you to recover the child to make sure that you're not penalized or charged with contempt if you recover the child.
Customer: replied 1 year ago.

Ok I will call her father in the morning and plead with him to press charges as he wants her out of the house asap and feels he cannot do so until my son is safely on a plane back home. It may be reason enough for him to do so.

Expert:  Roger replied 1 year ago.
If she were arrested, that should certainly be valid justification for you recovering the child as she can't maintain her custody and visitation.......and it would be difficult for a judge to consider you recovering the child after an arrest to be a contemptuous act.

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