Hey everyone,
I’m in a tough spot and could really use some advice. The non-custodial parent of my child hasn’t returned them as agreed, and we don’t have a formal custody agreement in place. What can I do in this situation? Any guidance or legal steps I should consider?
Thanks in advance for any help you can offer.
You might consider calling the police, but keep in mind they may not be able to take much action since this is a civil matter. Instead, you could file a motion with the family court to hold the other parent in contempt. Make sure to document everything thoroughly and submit an emergency motion if necessary.
Based on my research, if you are a custodial parent and the non-custodial parent refuses to return your child with no formal custody agreement in place, here are the steps I would recommend: First, try to calmly communicate with the non-custodial parent and appeal to them to return the child as soon as possible. Explain that without a custody order, they do not have the legal right to keep the child. If that fails, contact the police and file a report for parental kidnapping or child abduction. The police may be able to intervene and return the child to you. You should also immediately file for an emergency custody order with the court. This will give you legal grounds to have the child returned and potentially restrict the other parent’s visitation rights. Consult a family law attorney who can guide you through the process of establishing a formal custody agreement to prevent this from happening again in the future. The child’s wellbeing is the top priority, so act quickly to get them back home safely.