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What to do if the non custodial parent refuses to return child from a weekend custody visit?

New Paltz, NY |

My ex says she is going to refuse to give my son back to me because she wants to keep him two extra days. I declined...She said she is not going to give him back. I have primary physical custody we share joint legal. What can I do when she does this?

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Attorney answers 4


Go to the police station with a copy of your custody order when it's time for her to return the child and lodge a complaint that she has taken the child without permission. You can also file a writ of habeus corpus with the family court, but that will take longer than a day or two to be heard and you should hire a family law attorney to assist you.


The police will likely provide you with a report for informational purposes. Speak with a family law attorney in your area for further information.


I am sorry to hear about your situation. What do you have in writing about the visitation schedule? Depending on that you can go to the police station and/or go to court and get an order setting forth the visitation schedule.

You should contact an attorney to discuss your questions as additional information would be helpful. We will be happy to speak with you if you call Monday — Thursday 1-5 pm.

Our firm has many years of experience in this field.

I wish you the best of luck.

Please remember that I do not normally monitor these questions after I have posted a reply.

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Hayley Greenberg
Greenberg & Merola, LLP
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If you have another way of convincing her (some third party) that the court order doesn't let her, do so, otherwise you are going to have to involve the police.

You can also haul her into court for violating the order - talk to a lawyer (or try to do i yourself with the clerks) you may be able to even get that sort of case heard pretty quickly. Lots of luck.

Mr. Reimer is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Reimer strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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