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  1. #1
    Join Date
    Aug 2013
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    1

    Default Custodial Parent Wants Child Back After Sending Her to Stay with Non Custodial Parent

    My question involves a child custody case from the State of: Georgia- My fiance' is the non custodial parent. The custodial parent (Mother) sent his daughter to live with him because she has some medical issues going on with her as well as financial issues. The problem that he is experiencing is the constant "If you don't do this -I will be coming to get her" Also prior to her sending his daughter to him she talks down to him and is constantly telling him how horrible of a father he is, what he doesn't do, and threatening not to send her for visitation (She lives in another state). Now that she's sent her here-she has been requesting that he send her to her (the mother) every 6-8 weeks to get her hair done, of course my fiance does not agree to this, so this leads to her wanting him to send his daughter back to her -even though, she is now registered for school and school has been in session for three weeks now, she's in dance classes, etc... Today the cops knocked on the door early this morning ( We were gone-neighbor informed us) I'm assuming she has called the cops now because he refuses to send her back. We can not afford a lawyer right now and wanted to know what could we do to stop her from taking her from him over such a petty situation. This disrupts the child's life and his daughter has begged him not to send her back to her mom. What can he do? Can he file for custody on his own? What if the cops come back does he have to give his daughter to them?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Custodial Parent Wants Child Back After Sending Her to Stay with Non Custodial Pa

    Mom is still CP? Then Dad better darn well hand over the child.

    That aside, how long has she been with your fiance?

    Why on earth is he being so stubborn?

    Has he actually legitimized the child?

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Custodial Parent Wants Child Back After Sending Her to Stay with Non Custodial Pa

    Also prior to her sending his daughter to him she talks down to him and is constantly telling him how horrible of a father he is
    Irrelevant. The court really doesn't care that she's acting like a child. This seems to be the norm among acrimoniously split couples, and human beings in general.

    What can he do?
    He can follow the court order currently in place, is what he can do, unless he's particularly into the notion of being dragged to court on contempt charges.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Custodial Parent Wants Child Back After Sending Her to Stay with Non Custodial Pa

    He should have filed a motion to modify custody based upon the new status quo long before he reached the point where the police came a-knockin'. If you're correct that the police were there to take the child home, he's well past what we can help him with and may be in the process of setting himself up for a criminal prosecution. He should consult a lawyer in the morning.

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