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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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Minor child refuses to go back to custodial parent. wants to

Customer Question

minor child refuses to go back to custodial parent. wants to stay with non custodial parent.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: florida
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: their has been a domestic violence protection order. A hearing is set for 3 weeks out. Minor child needs to start school.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: florida
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Which parent was issued the protective order? Also did it pertain to the child?
Customer: replied 1 year ago.
non custodial parent on behalf of child.
Expert:  LegalGems replied 1 year ago.

Thank you; generally when a protective order is issued for the benefit of a minor child against the custodial parent, the court will enter a temporary order along with the protective order, allowing the non custodial parent to have temporary custody pending the hearing-precisely because allowing the restrained parent to have access to the child would be a violation of the order.

If a temporary order has not been issued re: custody, the noncustodial parent would need to make an emergency application to the court for a temporary modification.

In general, as regards ***** ***** child that will not go to the other parent during that parent's parenting time (be it visitation or custody) it depends on the circumstances. A parent can only be held in contempt of a court order if the parent intentionally and willfully violates the court order so if a child is of such an age that the court expects the parent to have control over the child, then the court may find the parent to be in contempt.

If the child is a teen, then the court is less likely to find the parent in contempt because they know it is more difficult to force a teen; but the court will look to the facts of the particular case.

If there is a protective order against that parent, then the court is unlikely to find the parent in contempt.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!