Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I have divorce papers that state my son is under my custody.

Customer Question
My ex took him 18...
I have divorce papers that state my son is under my custody. My ex took him 18 months ago and refuses to give him back. I am leaving in the morning to fly to where he is in texas and get him back. My question is... can I take a sheriff and my notorized documents to his school and get him?
Submitted: 8 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 6 hours by:
3/1/2009
Family Lawyer: A.D. Barnett, Lawyer replied 8 years ago
A.D. Barnett
A.D. Barnett, Lawyer
Category: Family Law
Satisfied Customers: 414
Experience: Attorney since 1994, experienced Divorce Attorney, Child's Attorney, Adoption, Guardian ad Litem
Verified
Good morning!

Yes, local law enforcement should help you reclaim your child, and the school should help as well once you show them the court order with a sheriff standing right next to you.

You also need to talk with your attorney about filing a Motion to Modify your divorce decree. Different states call it different things (like "custodial interference" or "parental kidnapping") but the Judge is not going to be impressed that your husband removed a child from his jurisdiction without permission. Talk with your attorney about limiting visitation to supervised visitation only.

I'm so sorry you went through this. My best wishes for you and your child.

If I helped, please click "accept." Thanks!
Ask Your Own Family Law Question
Ask A.D. Barnett Your Own Question
A.D. Barnett
A.D. Barnett
A.D. Barnett, Lawyer
Category: Family Law
Satisfied Customers: 414
414 Satisfied Customers
Experience: Attorney since 1994, experienced Divorce Attorney, Child's Attorney, Adoption, Guardian ad Litem

A.D. Barnett is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I was recently served with a petition for visitations. I was
I was recently served with a petition for visitations. I was just awarded full custody for my child as well as a 2year order protection against the father. The incident in which I was awarded the orde… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I am over a supervised visitation of my granddaughter and I
I am over a supervised visitation of my granddaughter and I just found out that the mother has been taping in my house. we meet in my living room with the doors and curtains closed. it is just me my g… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
I currently have supervised visitation with my children per
I currently have supervised visitation with my children per a temporary order from 8/4/17. I fear that my children are in danger with my ex-wife because of her family's culture (her father molested ex… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If both parents have supervised visits and the grandparent
if both parents have supervised visits and the grandparent is awarded Permanent Managing Conservatorship … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
Was just wondering the specifics of visitation at mothers
Was just wondering the specifics of visitation at mothers discretion … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
I have temporary supervised visitation. I was granted 8
I have temporary supervised visitation . I was granted 8 visit. my son father is violating the court order. What can i do? and what will happen as a result… read more
Michael Bradley
Michael Bradley
JD
1,192 satisfied customers
Going trough a divorce seperation is in place and visitation
Going trough a divorce seperation is in place and visitation tights for my future ex. I have main custody. My daughter is 13 going on 14. 1. When my daughter was 10 my still husband was fighting with … read more
Sue
Sue
Juris Doctorate
241 satisfied customers
Parental kidnapping. They have been hiding since Easter.
Parental kidnapping. They have been hiding since Easter. Police keep saying they can't do anything. I filed charges today. They say a detective must sign off it. Her new friend is derective. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can dcpp tell me that i have to have supervised visitation
hi, can dcpp tell me that i have to have supervised visitation with my teenage daughter whom is currently under my custody? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
My son had supervised visitation at the local county women's
My son had supervised visitation at the local county women's center in Angleton, Tx. He had issues with them and they told him he could not use the center anymore for visitation. Keep in mind, he was … read more
Michael Bradley
Michael Bradley
JD
1,192 satisfied customers
My ex has supervised visitations now. We have a hearing in
My ex has supervised visitations now. We have a hearing in November. Yeatersay he apent time with the kids. He was acring auper friendly with my family( I am not present during the visits), he also wo… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
Parental kidnapping--penalty. 565.153. 1. In the absence of
For Dwayne B only...Parental kidnapping--penalty.565.153. 1. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child com… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
What are the penalties for parental kidnapping? I have legal
What are the penalties for parental kidnapping? I have legal guardianship for my 14yr-old granddaughter. Her father kidnapped her last summer and took her to Texas to live with him. The Kansas City Po… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
Can a non-custodial parent kidnap a child to avoid paying
Can a non-custodial parent kidnap a child to avoid paying child support? I have had guardianship over my granddaughter since 2009. Her father kidnapped her this summer and took her to live with him in… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
This is on potential supervised visitation case. Illinois.
No. My daughter has a daughter that is 17 months old. The father is not on birth certificate. We have had him try to be as involved as possible by letting him stay at our house on weekends. He lives in a house with a few other guys he met on Craig list and my daughter doesn't want her there. Also he is involved in a very volatile relationship. This girl is angry that he has a child with my daughter and continuously calls and harasses here. The latest calls were messages she left on voicemail. We now have not hear from the father in s month. When my daughter asked if he was going to help out financially at all he replied he would see her in court … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
My son has court ordered supervised visit with his daughter
My son has court ordered supervised visit with his daughter and has had for a year(He was a former drug user). My husband and I do the supervising. The child lived with her mother until she supposedly… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
My 10 year old daughter has supervised visits with her
My 10 year old daughter has supervised visits with her father in a public place for 4 hours once a week. Due to sexual molestation. It is supervised by girlfriend. My daughter recently told me that he… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Do you think having supervised visitation for a year without
Do you think having supervised visitation for a year without any problem is good enough to overcome presumption of code 3044 even a parent found guilty in criminal case for DV? (California)… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x