Non-custodial refusing to return child

[colin18smith]

I am the domiciliary parent of my 9 year old daughter. Her father has joint physical custody, but he lives in another state. Our agreement was written and signed in Plaquemines Parish, Louisiana, he resides now in Mississippi, and I live in Texas. It states that she primarily resides with me, with liberal physical visitation for him to include holidays.

Recently her father requested custody of her for the upcoming school year, which I agreed to with the understanding that she will return to me for the summer; and after the summer she would decide which parent she wants to live with -- at which point we would modify the custody agreement in reflection of her choice. He came to our location over the Christmas break, and took her to live with him for the upcoming school semester. Currently, the previous agreement is still in place, but he is stating now that he does not want her to live with me again. I am unsure of the next course of action, and I feel that he will proceed in attempting to withhold her from me. I want to tell him that I want her back now, because he seems to be declining our verbal agreement, but I think in part that if I pursue action he will not let me have her back at all. I am considering waiting until the summer to see if he follows the agreed course of action, but it might be too late.

My question is, should I demand she be returned now in accordance to our current written agreement, or should I wait in hopes that he will follow the verbal agreement? If the best course of action is to get her back now, should I register her here for school so that he cannot do the same where he is? What effect will this have on my chances of getting her back quickly and legally?

 

[adjusterjack]

Your agreement means nothing without a court order. Get yourself a lawyer, go to court and get a court order awarding you custody. Then you can get the cops after him.

 

[t74]

Why would you think a child of that age should be deciding which parent to live with? A child would choose the one who lets her eat cake instead of veggies.

Besides a lawyer, you need parenting help.

 

[stealth2]

I'm trying to figure out what school year is upcoming... Where is she currently attending school?

Is your "agreement" signed by a judge?

ETA: And I have to agree with the point made above - children don't decide these things.

 

[LdiJ]

I'm trying to figure out what school year is upcoming... Where is she currently attending school?

Is your "agreement" signed by a judge?

ETA: And I have to agree with the point made above - children don't decide these things.

In the middle of the first post:

"He came to our location over the Christmas break, and took her to live with him for the upcoming school semester."

I agree that children don't decide these things, and even if someone wanted to let a teenage decide, 9 years old is WAY to young to have that responsibility placed on them.

 

[Edgar 1776]

If you don't have a good co-parenting verbal relationship with the father then its best to have a well defined custody agreement signed by the Court that everyone follows. (You should have one of those anyway) If you need to modify the custody agreement based on the best interest of the child (If going to school there and staying with you during the summer is in the best interest of the child?), then look at doing that, or stick with the current order.

 

[stealth2]

In the middle of the first post:

"He came to our location over the Christmas break, and took her to live with him for the upcoming school semester."

So why does OP need to enroll the child? She should already be enrolled.

 

[stealth2]

If you don't have a good co-parenting verbal relationship with the father then its best to have a well defined custody agreement signed by the Court that everyone follows. (You should have one of those anyway) If you need to modify the custody agreement based on the best interest of the child (If going to school there and staying with you during the summer is in the best interest of the child?), then look at doing that, or stick with the current order.

Still wondering if you've been vetted by the site... Sorry if answering relevant questions is too much "chatting" for you, @Edgar 1776 .

 

[LdiJ]

So why does OP need to enroll the child? She should already be enrolled.

I don't know. Her language is somewhat confusing.

 

[stealth2]

I don't know. Her language is somewhat confusing.

There is that...

 

[Edgar 1776]

I don't respond back to other members because I'm assuming we all have the noble intention of providing free basic information to help people who can't afford to hire an attorney. I have limited time during the day to answer questions so I can't start arguing over superficial things.
Stealth2, if you have a concept or need free advice on a problem, please feel free to message me. However, if this becomes a hassle of a non-attorney guru trying to prove how smart they are, then i will have not have the time or patience to respond.

 

[stealth2]

I don't respond back to other members because I'm assuming we all have the noble intention of providing free basic information to help people who can't afford to hire an attorney. I have limited time during the day to answer questions so I can't start arguing over superficial things.
Stealth2, if you have a concept or need free advice on a problem, please feel free to message me. However, if this becomes a hassle of a non-attorney guru trying to prove how smart they are, then i will have not have the time or patience to respond.

Interesting. I, as well as others who have contacted you wrt your creds, do so in the interest of making sure the users of this site get the best assistance possible. There have, in the past, been users masquerading as lawyers. So forgive us for wanting people to not be duped.

 

[Ohiogal]

I don't respond back to other members because I'm assuming we all have the noble intention of providing free basic information to help people who can't afford to hire an attorney. I have limited time during the day to answer questions so I can't start arguing over superficial things.
Stealth2, if you have a concept or need free advice on a problem, please feel free to message me. However, if this becomes a hassle of a non-attorney guru trying to prove how smart they are, then i will have not have the time or patience to respond.

I am an attorney and have been vetted. If you are actually an attorney then you should be vetted as well and not be afraid to cooperate with the owner of the website. Your time and patience is not the issue -- your integrity is in question.

 

[stealth2]

I am an attorney and have been vetted. If you are actually an attorney then you should be vetted as well and not be afraid to cooperate with the owner of the website. Your time and patience is not the issue -- your integrity is in question.

Again - check your spam folder. Admin has stated that you have been contacted, w/o response.

Apart from anything else, it helps the rest of us know who to tag in relevant posts. For example, we know to tag OG for OH issues. We'd like to be able to do the same for you.