I have joint custody of my daughter and her mother is trying to keep her cause she got head lice and is now saying she doesn't have to let me have her on my scheduled time because she said its a medical reason to keep her from me. Please help!!
Go to the court clerk's office of county courthouse where the custody judgment was entered, and tell you need to file a family access motion. They will have forms for you to do this without the assistance of an attorney. You will need to be able to provide the specific dates and times and other circumstances of each instance where the mother denied you your custody. When you file the family access motion a court date will be scheduled for a hearing. It would be a good idea to hire a family law attorney to represent you at the hearing.
You need to immediately go to the court where the custody judgment was entered and file a Family Access Motion. Before you go, prepare a list of all the times that you were awarded custody when she withheld the child from you, as you will be required when you apply for the Family Access Motion to list all the custodial periods that you were denied. You should also ask for make-up time for the periods of time she denied you custody that was awarded to you by the Judgment. A Family Access Motion is a court action that you can file without an attorney, and the court is supposed to give you a priority setting (i.e. something relatively quick, not several months down the road). If you have more specific questions or concerns, then you should schedule a consultation with an experienced family law attorney who regularly practices in the county where the original Judgment was entered, to discuss your concerns, what you hope to accomplish, and how the judges in that county routinely handle these types of cases.
The specific facts are different in each individual case, my response is provided for general, informational purposes only and should not be construed as specific advice directed to any individual person. Since I have not had the opportunity to review all the specific facts and any supporting or explanatory documents in this matter, this general opinion should not be relied upon in your specific case. This communication is not intended to create an attorney-client relationship with any specific person and should not be construed to create an attorney-client relationship by any individual.
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