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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4821
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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We got a court order to keep Skylar in Ohio and her mom also

Customer Question

we got a court order to keep Skylar in Ohio and her mom also cannot withdraw her from school. Until further notice of the court. My son was so worried she would leave anyway so last Saturday he did not want to take her to her. She in turn called the
police and they said she needs to go to her mom. So I took her there. Now this week she is getting her from school and not letting her come to her dad's. What can we do to get her to let her come here. She text me and told me she had her. I asked her about
tomorrow and she said she is getting her again. Typically she is with her dad Wed, Thurs, Friday and 1/2 day Sat as well as every other Tues. It has been this way for 6 years. However it has only been a verbal agreement. Zach(dad) has a custody hearing October
15th. What can we do now?? I'm at a loss.
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

If she's not following the court's order, your son can file a motion for contempt and at the same time file a motion to modify the custody order to give him more or total custody.

Customer: replied 1 year ago.
She has followed the order. She hasn't moved her or pulled her out of school. However she hasn't let her ride the bus to her dad's on his days to have her. She has been picking her up from school and has a note on file at the school that she is the only person who can get Skylar from school. She also brought in a paper that says she is the custodial parent. This is the paper we also have from when she tried to get child support. Which she did not get. She was a no show at her own hearing but the dad was there. Long story short.... The have no custody papers with the courts. Zach has his hearing on October 15th. Can he file that "motion to modify" if the hearing hasn't happened yet? She has had her now since last Saturday and will not let Zach have her.
Expert:  Chris T., JD replied 1 year ago.

He can't modify a non-existent order, but he can make the court aware of the current circumstances and ask the judge to consider them when he does enter the order.

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