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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12399
Experience:  JD, MBA
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We live in Arkansas, my son is currently still married to his

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We live in Arkansas, my son is currently still married to his wife, no custody order has been decided. Until now they have shared custody of their 4 yr old daughter. His wife out of shear vengence has decided she will not allow my son any contact with his daughter. He had gone to her parents home where she lives asking to pick up his child, when she refused he called the police, but they refuse to "get involved in a domestic issue" they told him to bear with it and let the courts decide. He has been the main caregiver for this child as the mother has been in and out of jail and in bad relationships, she is doing this now to punish him. Can the police really not help him get his child for a visitation?
Submitted: 5 years ago.
Category: Family Law
Expert:  TJ, Esq. replied 5 years ago.
Hello and thank you for allowing me the opportunity to assist you.

Unfortunately, it is not a crime for one parent to refuse to allow the other parent to see the child. Therefore, the police will not get involved until a custody order is in place. Once your son has a custody order which allows for visitation, then the police will generally help to enforce that order. Without such an order, the police will likely do nothing (as your son has been told). It is not up to the police to make on the spot custody decisions. So, your son should visit the local court clerk and ask for the forms to file to petition for custody/visitation.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our discussion). Positive feedback is always appreciated as well. Thank you and good luck!
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