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Ask A.D. Barnett Your Own Question
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
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I have divorce papers that state my son is under my custody.

Customer Question

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
Expert:  A.D. Barnett replied 8 years ago.
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.

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