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Roger, Attorney
Category: Family Law
Satisfied Customers: 30897
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If I by a court order have soul custody of my kids but let

Customer Question

If I by a court order have soul custody of my kids but let their father have them for half the year but nothing was done by a court order can I just take them back
Submitted: 4 months ago.
Category: Family Law
Expert:  Roger replied 4 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Customer: replied 4 months ago.
Expert:  Roger replied 4 months ago.

You and the father can have any agreement you want between the two of you, BUT the court order is the default rule. In other words, the two of you can agree to whatever arrangement you like, but if there is no mutual agreement, the court order governs.

Expert:  Roger replied 4 months ago.

So, in this situation, you'd have the right -- under the court order -- to take the children back and he'd have no real legal authority to stop it.

Customer: replied 4 months ago.
the police would have to follow that should they be involved?
Expert:  Roger replied 4 months ago.

The father could file a petition to modify the current custody order and ask the judge to grant him joint custody based on the fact that he's had the children, etc., but that'd be up to the judge to decide. Until then, however, the current order would remain in affect and in force.

Expert:  Roger replied 4 months ago.

The police aren't likely to get involved.....but if they did....the standing court order would be what they would have to enforce.

Expert:  Roger replied 4 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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