Non-custodial parent refuses to return child

[mjma93]

What is the name of your state (only U.S. law)? ohio

My ex and i have 2 children he has custody of 1 and i the other, she is there for her weekend visitation he has called me and made it clear not to pick her up tonight, i have custody of her i have misplaced my papers can local police dept turn her back over to me?

 

[sometwo]

Regardless of what he says you show up to retrieve your child.

The ex cannot be held in contempt if you do not go and try to pick up the child.

What was his reason for not wanting you to pick her up?

 

[LdiJ]

What is the name of your state (only U.S. law)? ohio

My ex and i have 2 children he has custody of 1 and i the other, she is there for her weekend visitation he has called me and made it clear not to pick her up tonight, i have custody of her i have misplaced my papers can local police dept turn her back over to me?

You need to try to pick her up even if the police won't assist you. If you still cannot pick her up, even after calling the police, then first thing tomorrow morning you need to be at the courthouse filing an emergency motion for her return.

 

[Isis1]

You are going to need your court papers. The police won't make him hand the child over since this is a civil matter, but you will want them there to witness dad refusing to give the child over. You will take that order to court and use it as an attachment.

Has dad said why he plans on not turning the child over?

 

[mjma93]

He has once again made false accusations but this time not against me but directed to someone else in the house. this is not the first time he has done this before so now he has decided that he is not going to return her. i do not have my papers to prove i have custody!

 

[Isis1]

He has once again made false accusations but this time not against me but directed to someone else in the house. this is not the first time he has done this before so now he has decided that he is not going to return her. i do not have my papers to prove i have custody!

So he is protecting the child. If you don't have your custody papers, the cops may or may not decide to bother showing up. So go find your court order, or go to the court house and get another copy. It's like your ID or social security card. You should always know where it is.

 

[mjma93]

I have turned my place upside down I have all the other papers for the last 11yrs but those from 2008! its very frustrating to me cuz I keep everything!! But when I need the ones the most I dont have them. We live in different school districts and I know from past experinences he will not take her to school either. But I have my bases there covered if he does since I am a bus driver at the school she goes

 

[nextwife]

Are you CERTAIN the accusations are false? Might he have proof the accusations are legit?

 

[stealth2]

He has once again made false accusations but this time not against me but directed to someone else in the house. this is not the first time he has done this before so now he has decided that he is not going to return her. i do not have my papers to prove i have custody!

What kind of accusations? How old is the child?

 

[mjma93]

They are accusations of sexual abuse, his prove is "the Lord" told him this was going on, when asked by the kids they said yes...well in a matter of 24 hrs I have moved and totally changed my life to protect my kids!! it is being dealt with the whole thing is, wwith the other parents involoved she is 9yrs old

 

[signspinner]

www

what did you do to the child?
If you cant find your papers you will need to get an attorney to get them for you.
sounds like a good ol race to the courthouse tomorrow morning. I would prepare the motion tonight with or without papers. Then tomorrow you can pay for a certified copy before filing motion, and attach as exibit "a" if you so choose....

 

[mjma93]

this man himself was convicted of gross sexual impostition against is own mentally retarded sister when he was 18 he is now 39, I didnt know this when i was with him until a nasty custody battle we had 6 yrs ago. in which then too he tried to use sexual abuse as the reason for taking the girls, once again it was all found to be false and i won full custody, just with in the last 2 yrs our oldest wanted to chance to live with him so he has custidy of her and i do the other, he is married and has 2 other kids in the house too

 

[mjma93]

what did you do to the child?
If you cant find your papers you will need to get an attorney to get them for you.
sounds like a good ol race to the courthouse tomorrow morning. I would prepare the motion tonight with or without papers. Then tomorrow you can pay for a certified copy before filing motion, and attach as exibit "a" if you so choose....

I did not do anything to this child at all!!!!! This was not me!

 

[Isis1]

So even you suspected your child of being sexually abused?

 

[nextwife]

Has anyone OTHER than you been in your household who had access to the child?