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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 465
Experience:  Attorney with 13 years experience.
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I had my custody papers re certified through the same court

Customer Question

i had my custody papers re certified through the same court that gave me temporary custody 8 years ago.now the mother said she not giving kids back.police says not enough paper work to intervine.court says yes it is.im dumb founded.she has not been involved since she left 8 years ago.i live in va kids and custody papers in tenn.i asked tenn police to step in. what do I do?i asked cps to help says its not an open case.how do I proceed?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning ,

I will try to best answer your question.

If mother is not complying with a Tennessee temporary order you need to file an emergency petition for contempt of the order in Tennessee. You would also request a court at the contempt proceeding to issue an order stating you are entitled to the immediate physical custody of your children and are allowed to utilize law enforcement to effectuate the order. Often times the police will state that custody disputes are civil proceedings and refuse to get involved unless the order specifically states law enforcement is authorized recover children. I would further recommend contacting with the district attorney's office in Tennessee where your Ex is residing and inquire about pressing charges for parental kidnapping. You really will need an attorney in Tennessee to assist you in the filing of your contempt preceding and raising the issue of the parental kidnapping with a district attorney. If you cannot afford an attorney you will simply have to attempt to do this on your own but these are the steps you will need to take.