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Thank you for your follow-up.That actually helps you tremendously. The default custodial position for each parent listed on the birth certificate is that each parent share co-equal custody with the other. That means that either parent is free to make legal decisions on behalf of the child (such as daycare, kindergarten, or medical care), provide care and maintenance, but also deny access to the other parent. Since the rights of both parents are co-equal, neither can compel or force the other to give up the child or make decisions they do not agree with (until or unless there is a court order denoting otherwise). It also means that if you do not want to give the child back, she cannot force you. And it means that if if you enroll the child, she cannot somehow block that form taking place.What she can do, however, is appear at the kindergarten and take the child back. While you personally can deny her access, any of your agents who do not have your rights would have to grant her rights to the child. The best way to fight it is to enroll the child as you see fit, then obtain an emergency order giving you sole custody, and providing a copy of that order to any locations where the child is left, such as kindergarten. Then the other parent would be unable to take the child back.Good luck.
Thank you for your follow-upYou would need to go to court on Tuesday (as the courthouse is closed today and tomorrow), and file for an emergency 'ex parte' hearing claiming that the other parent may be seeking to abduct the child. An ex parte can be held with only one party present but because the other party is not there to challenge, the order would be temporary and you would need to return and file a full formal petition for custody as soon as you can. The temp order, if granted, would be granted until the full custodial hearing is held and the custodial split is formally decided.Good luck.
Educator, Esq: Follow up question: Is the following
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