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What do I need to do if my ex-husband doesn't bring my daughter back to me after his summer visitation is up?

Dallas, TX |

I have primary custody. He currently has her for his 30 days in summer. His 30 days is up July 3, 2012. He is telling me that he is taking her on a family vacation out of town and that he is not going to bring her back to me until July 8, 2012. He said that I can call the police on him if I want. If he doesn't show up on the 3rd, what do I need to do?

Attorney Answers 1

Posted

If you have a court order and your ex-husband fails to follow it, then you can return to the court to seek enforcement or a modification. Please keep in mind that most courts will not consider a one-time, 5 day deviation during a summer vacation to be a major problem, especially because by the time you actually get into court your daughter will be back. Also, just because your ex gives you permission to call the police doesn't mean you should do so--keep the police out of your child's life if you possibly can! That said, you cannot countenance repeated disregard for the Court's order or you be found to have tacitly approved the changes. As such, I recommend you consult with a cool-headed local attorney for specific guidance about how to manage this situation so you neither exacerbate it nor allow it to get out-of-hand. You can find attorneys by searching among the profiles here on Avvo. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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