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Ask Amber E. Your Own Question
Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1482
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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Father of my kids took my newborn 45 mins away with out my

Customer Question

father of my kids took my newborn 45 mins away with out my permission for the weekend, I need help on rights
JA: Family law varies by state. What state are you in?
Customer: il
JA: Have you talked to a lawyer yet?
Customer: we've have court for temporary child support and visitation. he verbally agreed to my terms, and that meant no overnights. my lawyer drafted the paperwork and sent it to his to get a signature. but I don't know if it has been signed
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: Family Law
Expert:  Amber E. replied 3 months ago.

Good evening,

When custody is at issue, the terms and conditions of the court order control. You stated in your question that your lawyer drafted a provision prohibiting overnights and it was sent to him to sign. But, you never said whether he actually did. Therefore, the initial question is, was it signed. And, furthermore, was it then signed by a judge? A verbal agreement between the parties may not necessarily be enforceable. And without a court order, parents have equal rights.

What you will want to do as soon as possible is contact your attorney to confirm whether the order has in fact been signed, only your attorney will be able to tell you for sure what terms are enforceable at this time.

If for some reason there is no order in place addressing this issue, then your attorney can also seek an emergency order, if the child's safety is at risk.

Customer: replied 3 months ago.
we agreed to the terms in court Infront of judge and lawyers
Expert:  Amber E. replied 3 months ago.

In that case, where the court has ruled, any violation of a court order can be met with a motion for contempt as well as a motion to suspend visitation. A violation might also be grounds for an emergency order, if the reasons for the restriction was the child's health and safety.

Customer: replied 3 months ago.
I have a message into my attorney, still waiting to hear back. but another question. if we went to court for all of this temporary stuff, and he verbally agreed. what happens if when presented with the paper work drafted by my lawyer, he refuses to sign it. does he still have rights to take my baby?
Expert:  Amber E. replied 3 months ago.

It sounds as if the agreement was made in open court and ruled upon then, if so then it became the court's order at that time. It is not uncommon for the court to make a ruling orally and then direct the attorneys to draft it and have the parties sign it. It is still the court's order whether it is signed or not, once the court rules from the bench, and so it is enforceable. No, a party cannot defy what the court said and do something contrary simply because he hasn't signed off on the written version.