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  1. #1
    kayleemray is offline Junior Member
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    Emergency order for sole custody, father refuses to return my child

    What is the name of your state (only U.S. law)? Arizona.
    I obtained an emergency court order on Friday giving me temporary sole custody of my son due to my ex husband and his parents violating a temporary court order giving the grandparents temporary custody of my son and my ex is to have supervised visitation only. A few weeks ago, I was in town and my ex husband was allowed to take my son without supervision. during my few days in town he was allowed to take our son several times and we went out to eat and spend a day together. I also witnessed my ex smoking marijuana and drinking. When I attempted to keep him from driving our son after these activities, he hit me. Unfortunately, at the time, I did not call the police.

    My former father in law obtained an Order of Protection against me so I can not just go to their house to retrieve my son. I called the Avondale AZ police to assist me on Friday, but they would not because it was after 5 and the order I was given by the judge in the case had been filed electronically and did not have an original signature or stamp on it. Saturday morning I called again and they were able to verify the court order and an officer went to their house and spoke to the mother in law and either gave her a copy of the order or told her that there was a valid order and that they needed to get my son to me. She claimed that both my ex and my son were not there.

    I do not know what to do. I have a valid court order giving me sole custody. I have made contact with my ex and attempted to arrange for him to give me my son back, but he refuses. Do I keep bugging the police, who seem to want nothing to do with it? As far as I am concerned, they are fully aware of this court order and refusing to comply. Are there criminal charges that they can face for this? Do I go back to court tomorrow and let the Judge know they refuse to give him back? What can I do to get this order enforced and get my son back?

    The main reason I am so concerned is because my ex husbands mother at one time told my mother that if she ever had to give up my son she would take off with him instead.
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by kayleemray View Post
    What is the name of your state (only U.S. law)? Arizona.
    I obtained an emergency court order on Friday giving me temporary sole custody of my son due to my ex husband and his parents violating a temporary court order giving the grandparents temporary custody of my son and my ex is to have supervised visitation only. A few weeks ago, I was in town and my ex husband was allowed to take my son without supervision. during my few days in town he was allowed to take our son several times and we went out to eat and spend a day together. I also witnessed my ex smoking marijuana and drinking. When I attempted to keep him from driving our son after these activities, he hit me. Unfortunately, at the time, I did not call the police.

    My former father in law obtained an Order of Protection against me so I can not just go to their house to retrieve my son. I called the Avondale AZ police to assist me on Friday, but they would not because it was after 5 and the order I was given by the judge in the case had been filed electronically and did not have an original signature or stamp on it. Saturday morning I called again and they were able to verify the court order and an officer went to their house and spoke to the mother in law and either gave her a copy of the order or told her that there was a valid order and that they needed to get my son to me. She claimed that both my ex and my son were not there.

    I do not know what to do. I have a valid court order giving me sole custody. I have made contact with my ex and attempted to arrange for him to give me my son back, but he refuses. Do I keep bugging the police, who seem to want nothing to do with it? As far as I am concerned, they are fully aware of this court order and refusing to comply. Are there criminal charges that they can face for this? Do I go back to court tomorrow and let the Judge know they refuse to give him back? What can I do to get this order enforced and get my son back?

    The main reason I am so concerned is because my ex husbands mother at one time told my mother that if she ever had to give up my son she would take off with him instead.
    Go back to the court first thing Monday morning and get the judge to issue orders ordering the police to assist you. Then bug the heck out of the police until they help you get your child.
  3. #3
    Proserpina is offline Senior Member
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    OP, why did the grandparents have custody to begin with?
  4. #4
    kayleemray is offline Junior Member
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    I attempted suicide 2 years ago and emergency modification papers were filed giving my ex custody of our son while I was in the hospital for 20 days. We have been going to court over this for the past two years and they have lied so much about me. They have an attorney and I do not. Every time we have gone to court, either he does not show or the judge did not listen to anything I had to say, only my ex husband's attorney, who I don't think was even aware of my ex husband's criminal history (multiple drug related, domestic violence related and DUI arrests, one time with our son in the car). In October 2010 my ex husband was charged with Aggravated Assualt with the victim being his 3 year old neighbor. In Feb 2011, during a court hearing, I made a big enough deal about that arrest that the judge awarded temporary custody of my son to the grandparents.
  5. #5
    mistoffolees is offline Senior Member
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    Quote Originally Posted by kayleemray View Post
    I attempted suicide 2 years ago and emergency modification papers were filed giving my ex custody of our son while I was in the hospital for 20 days. We have been going to court over this for the past two years and they have lied so much about me. They have an attorney and I do not. Every time we have gone to court, either he does not show or the judge did not listen to anything I had to say, only my ex husband's attorney, who I don't think was even aware of my ex husband's criminal history (multiple drug related, domestic violence related and DUI arrests, one time with our son in the car). In October 2010 my ex husband was charged with Aggravated Assualt with the victim being his 3 year old neighbor. In Feb 2011, during a court hearing, I made a big enough deal about that arrest that the judge awarded temporary custody of my son to the grandparents.
    As you can see, trying to do this without an attorney is a mistake. Please try to have an attorney before your next hearing.

    Some states will appoint and pay for an attorney in custody cases. Call to see if yours is one of them.
  6. #6
    Proserpina is offline Senior Member
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    Quote Originally Posted by kayleemray View Post
    I attempted suicide 2 years ago and emergency modification papers were filed giving my ex custody of our son while I was in the hospital for 20 days. We have been going to court over this for the past two years and they have lied so much about me. They have an attorney and I do not. Every time we have gone to court, either he does not show or the judge did not listen to anything I had to say, only my ex husband's attorney, who I don't think was even aware of my ex husband's criminal history (multiple drug related, domestic violence related and DUI arrests, one time with our son in the car). In October 2010 my ex husband was charged with Aggravated Assualt with the victim being his 3 year old neighbor. In Feb 2011, during a court hearing, I made a big enough deal about that arrest that the judge awarded temporary custody of my son to the grandparents.

    In other words, the court didn't see you as being appropriate for custody? As recently as February of this year?

    I think you can't afford NOT to have an attorney in this situation. While you might have a temporary order, it would appear that the court isn't overly confident about your ability to be the primary parent on the whole.

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