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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Can I get a court date today if my child has not been returned

Resolved Question:

Can I get a court date today if my child has not been returned to me from her visit with her father?
Submitted: 6 years ago.
Category: Family Law
Expert:  Dave Kennett replied 6 years ago.
-Could you explain your situation a little more?
Is the visitation pursuant to a court order?
Customer: replied 6 years ago.
Yes ! we are not married , There is a child support order in place a thats has ot been touched. He does not visit with her on a regular basis as he was given access to ( Every other week 6 pm on Friday to sunday at 6 pm) He has visited probably 3 times this year. Each visit resulted in hin returning or picking her up when he feels convenient. As imaginable, Im at beck and call. What do you think? At this moment im at work and wonderi g when my child will be back.
Expert:  Dave Kennett replied 6 years ago.

Dear JACUSTOMER - Unless you have information that your child is in danger I doubt you will be able to get a court date today. You certainly should file for an emergency hearing for contempt of court since you have an enforceable court order. In addition you should also ask the court to amend the visitation to supervised status based on his history of failing to abide by the court order with respect to retuning your daughter. You can ask the court to award attorney fees in any contempt motion.

If he is behind on child support you can include a motion for contempt for that as well. If you feel your child is in some type of danger you can contact child services or the police to assist you in getting her back.

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