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    taymom's Avatar
    taymom Posts: 4, Reputation: 1
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    #1

    Feb 17, 2010, 09:51 AM
    Can my ex take my child?
    I have joint custody with my ex, but I am the primary caregiver. He is alloted every other weekend visits. He took my child from a sporting event last week and is now treating me like I am only allowed every other weekend. I have been told there is nothing I can do without a court order. Any suggestions?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Feb 17, 2010, 10:03 AM
    Quote Originally Posted by taymom View Post
    I have joint custody with my ex, but I am the primary caregiver. He is alloted every other weekend visits. He took my child from a sporting event last week and is now treating me like I am only allowed every other weekend. I have been told there is nothing I can do without a court order. Any suggestions?
    If you have joint custody, that implies that there is a court order already in place... correct? If not, then you need to file immediately.

    If there is a court order and he is refusing to return the child to you, then you need to file for contempt against him.
    taymom's Avatar
    taymom Posts: 4, Reputation: 1
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    #3

    Feb 17, 2010, 10:19 AM
    Yes, a court order has been in place for 6 years. I know he is in contempt of court, but I am getting the feeling that since it is joint, there isn't much I can do.
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    taymom Posts: 4, Reputation: 1
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    #4

    Feb 17, 2010, 10:22 AM

    When I notified the local sheriffs department of him taking her, they told me there was nothing they could do with out a court order and my divorce degree with the custody arrangements in it was not good enough.
    taymom's Avatar
    taymom Posts: 4, Reputation: 1
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    #5

    Feb 17, 2010, 10:22 AM
    Oops decree not degree
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #6

    Feb 17, 2010, 11:06 AM
    Quote Originally Posted by taymom View Post
    When I notified the local sheriffs department of him taking her, they told me there was nothing they could do with out a court order and my divorce degree with the custody arrangements in it was not good enough.
    Legally, the police are not supposed to step in because this is a civil matter. If you have a court order stating that you are supposed to have primary physical custody of the child, then yes, there is something that can be done about it. Just because you share joint legal custody doesn't mean squat. If he was supposed to return the child to you by a certain date and time but has neglected to do so, he is in contempt.

    Where you two together when the order was entered? What does the order state exactly regarding placement/physical custody of the child?
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