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My husband and I are separated and we have 1 child with no custody agreement

This is a discussion on My husband and I are separated and we have 1 child with no custody agreement within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My husband and i are separated and we have 1 child with no custody agreement. He's decided that he doesn't ...

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Old Sep 20th, 2008, 12:54 PM   #1
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Angry My husband and I are separated and we have 1 child with no custody agreement

My husband and i are separated and we have 1 child with no custody agreement. He's decided that he doesn't want me to see him so he is preventing me from doing so. The police say that they can't do anything. What can I do today to get my son back?
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Old Sep 20th, 2008, 02:03 PM   #2
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Default Re: custody

The Police will not get involved in a situation like this, because there are no orders for them to follow, and both of you have equal rights to the children.
You need to file a motion with court stating that he is keeping your child from you, and request temporary custody until the divorce is final and a permanent parenting plan is established.
The court will probably grant your motion. The sad thing here is that, were the roles reversed and the mother was keeping the children from the father there would be little he could do. Such is the double-standard.
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Old Sep 21st, 2008, 10:58 AM   #3
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Default Re: custody

It's called an ex parte order - an emergency filing by one party for an emergency hearing.

Have you had "primary" custody up to now?

Get a lawyer. It may be about 24 hours before you get your child back (ie Tuesday - if you act quickly).
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