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Legal question concerning child custody...

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Legal question concerning child custody...

Old 08-30-2012, 08:35 PM
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Default Legal question concerning child custody...

This is occuring is the state of Louisiana, FYI.
Mom has custody and is domicilary (sp?) parent. Dad has kids every other weekend and on Mondays. So kids are with dad thru last weekend and on Mon and Mom goes to pick them up on Tues. Dad refuses to hand them over and is claiming they are being verbally abused by Mom. (which is a TOTAL lie). Anyway, Mom involves the sherrif deputy who says he cannot remove the kids from dad and return to Mom because there is not a written court order.
So, what can Mom do legally to get her kids back. Who enforces custody issues? Dad has no right to keep the kids. What can be done?
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Old 08-30-2012, 09:22 PM
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Mom needs a lawyer
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Old 08-30-2012, 09:28 PM
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X 2
So does Dad...
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Old 08-31-2012, 05:30 AM
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Ahh. as in all cases this is what we know for sure:

1. Mom has a story

2. Dad has a story.

3. Then, there is the truth.

If there is no custody order, then the parties need to get one.

Deputy not sticking his nose in that shiite.
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Old 08-31-2012, 05:58 AM
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In the state of Florida at least, I have been told it is a civil matter. My wife has denied my visitation on occasion and when the police show up, there is nothing that can be done. It is not a criminal matter - but a civil matter. The police in Florida will give you a report, but cannot enforce custody orders. Enforcement is through the family court. There needs to be a laywer involved and if the dad is not complying with the order, can be found in contempt. As always, two sides to every story. Document the attempted pick-ups with photos, video, whatever. Again - time to lawyer up and file contempt charges.
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Old 08-31-2012, 07:08 AM
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Originally Posted by wiggreb View Post
This is occuring is the state of Louisiana, FYI.
Mom has custody and is domicilary (sp?) parent. Dad has kids every other weekend and on Mondays. So kids are with dad thru last weekend and on Mon and Mom goes to pick them up on Tues. Dad refuses to hand them over and is claiming they are being verbally abused by Mom. (which is a TOTAL lie). Anyway, Mom involves the sherrif deputy who says he cannot remove the kids from dad and return to Mom because there is not a written court order.
So, what can Mom do legally to get her kids back. Who enforces custody issues? Dad has no right to keep the kids. What can be done?
Nice boat.
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Old 08-31-2012, 08:06 AM
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Thanks jzima.
A lawyer will be involved as soon as possible. Hurricane Isaac has disrupted things and she is still without her kids. Hopefully someone is working today that can help her. It would be bad if she had to wait until Tues. I was just trying to gather info on what could be done.
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Old 09-05-2012, 09:50 AM
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Well, Mom got a lawyer on MON, judge signed papers on Tue and kids were retrieved by the police and brought home to Mom. Dad has lost all visitation rights until his arraignment sometime in Oct.
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Old 09-05-2012, 09:58 AM
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So pops broke the law?

Sounds like he was arrested, if so, mom has a better story than dad.
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Old 09-05-2012, 11:15 AM
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Wow, all this relationship drama on THT lately. I'm 23 and I'm about to dump my girlfriend just on the chance something might happen.

My parents are divorced and it was awful. A lot of parents/older people (oh relax you're older than me) fight over XYZ fight over the kids. Even if YOU win and get the kids, the kids still LOSE.

This is going to end up in family court. Kids are going to have visitation with both (unless confirmed drugs/abuse), one parent will be awarded the "custodial" parent. The other one pays more for it. Get it over when they are REALLY young (so they don't see the drama) or when they are out of the house. Still sucks but they are grown up or can grow into it!
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