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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116701
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My sister has a special needs child that is being withheld

Customer Question

My sister has a special needs child that is being withheld from her by her ex because she doesnt want to be with the father anymore and the cops wont help what can she do
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. If there are no custody papers, then your sister needs to not use CPS, she needs to use the proper legal process which is to file a petition for custody and visitation in the court. It is up to the court to decide if she can get custody of the child or visitation or how much time she gets to spend with the child. Until she gets a court order establishing custody and visitation by the court, nobody can really do much to help her I am afraid.So she needs to get an attorney (or go to legal aid or call the state bar for the pro bono attorneys in the area for assistance if she cannot afford an attorney) and needs to file in court as soon as possible to get custody and visitation established by the court.

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