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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33736
Experience:  Attorney with 15 years experience
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I have another question for you please My ex came and picked

Customer Question

Hi
I have another question for you please
My ex came and picked up my son w/o my knowledge and it was not his weekend. I know you told me that I have to file a motion to hold him in contempt of his visitation.
Since Friday he has said that he will not bring our son home unless I meet him half way. I refuse to do so, so he has not brought my son home yet.
What can I do? My ex lives two hours away and my son has school tomorrow
Submitted: 15 days ago.
Category: Family Law
Expert:  Barrister replied 15 days ago.

Hello again,

.

You could try to call the police, but they likely would just tell you this is a civil matter again and to take it up in court. So I hate to say it, but I think you are stuck here and can either meet him halfway or let him keep your son and when he misses school tomorrow if the father doesn't take him, that gives you even stronger grounds to file a motion for contempt of court.

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With that said, this clearly looks like retaliation for the support increase and the missed visitation and a judge should see it that way as well.

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I am sorry that you don't have more options...

.

.

thanks

Barrister

Customer: replied 15 days ago.
what about filing for full custody
Expert:  Barrister replied 15 days ago.

Well, yes, that could go along with any motion for contempt that you filed. And it would be up to the judge to determine if his behavior was bad enough to take away his custodial rights...

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thanks

Barrister

Customer: replied 15 days ago.
Would it be best to obtain and lawyer?
Expert:  Barrister replied 15 days ago.

It will likely increase your chances of getting him held in contempt, but to be honest, if the judge does hold him in contempt, he will likely give him a slap on the wrist because that is how these things go.. If he violates the order again, the penalties get more severe..