Family Law Questions? Ask a Family Lawyer Online.
Good morning. Do you know why the Judge allowed your Ex to use your car? It is very odd that your Ex does not have their own mode of transportation
Thank you. Allow me a moment
Yes, what the Judge told you is correct. Since this is not a divorce proceeding and only has to due with custody of a child from unwed parents, then the Judge can not rule on the issue with possession of the car. Now, if the car is in your name and she took the car outside of what was ordered by the Judge, then you can try and call the police and get them involved or report it stolen. It does not make sense that the Judge would order that an ex be allowed to use your car for child custody, as they should have their own mode of transportation, especially when it is your car and in your name. In this case, you can try and file a motion to modify the issue with the car, under the custody agreement and ask the Judge to order a place to exchange the child. If you have a key to the car and you know where it is, you can peacefully take your car, since she has no right to it. However, you need to make sure you are not violating the order, since you said she has had it for 3 months.
Yes, you would need to modify the order then, asking the Judge who ordered the temporary possession, to remove it. Once the motion is filed, it would need to be set for hearing and the other party would be allowed to appear and be heard. Seeing how it has been 3 months, you own the car and he has no legal right or interest to it, it would be hard for me to see why the Judge would allow this to remain in effect and not require he get his own vehicle.
It all depends on what the order says in regard to him using it. You shared he has had it for 3 months, so I am curious to know what the order said? I ask because for him to have the car for 3 months already, would indicate that the Judge allowed him to have temporary possession of it
Thank you. Then yes, you need to file the motion and could not just take it back, since he has a court order at this time allowing use and possession of it.
Once the Judge says that he can not longer have the car, he would have to return it and/or allow you to retrieve it.
Yes, assuming the Judge will agree and allow it.
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