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My Son met with his psychologist this evening, and the

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psychologist has concerns; my Son's...
My Son met with his psychologist this evening, and the psychologist has concerns; my Son's visits with his father cause him significant distress and my Son is very fearful of his father. The psychologist (is also a PhD) strongly recommends that it is for my son's well being that he stay with me (his mother this weekend). I know my ex is NOT going to be in agreement of this recommendation from the Psychologist. I have a signed typed letter from the psychologist with the above recommendation. Can I legally keep him for the weekend and not have his father send the police to my house?
Submitted: 1 month ago.Category: Family Law
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Answered in 5 minutes by:
10/20/2017
Family Lawyer: JD 1992, Lawyer replied 1 month ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,155
Experience: Began practicing Family Law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Family Lawyer: JD 1992, Lawyer replied 1 month ago

I don't know about the police, that depends on the department, but you will be subjecting yourself to a Motion for Contempt if you don't send him to his father's unless there is an order which states you don't have to. Most judges will tell you that since they issue the original order then it doesn't matter what anyone else says, it was their order they are the only ones that can change it.

It may be possible to get your lawyer to get an emergency order tomorrow or it may be next week before they can get an order.

Regardless, without an order from a court it is not legal for you to keep him when it is the other parent's time to visit.

The letter from the psychologist is also not admissible. It has to be either a deposition or a live appearance. Some judges are willing to consider a letter for an emergency hearing but it is hearsay and not admissible over objection.

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Family Lawyer: JD 1992, Lawyer replied 1 month ago

Most police departments won't go to homes and retrieve a child unless there is a court order ordering them to do so. If they are asked they normally respond, "It's a civil matter"/

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Family Lawyer: JD 1992, Lawyer replied 1 month ago

I have to step away from the computer for about 30 minutes but will be back after that if you have any additional questions.

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Family Lawyer: JD 1992, Lawyer replied 1 month ago

I'm back.

I am truly sorry to give you what I am sure is bad news, but please understand that it would be unfair to you (and very unprofessional of me) to provide you with anything less than a completely honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. Please remember to rate me based upon whether I answered your question, and not upon whether the answer was good news or bad news since I have no control over whether the law is in your favor or not.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,155
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Experience: Began practicing Family Law in 1992

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