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  1. #1
    Join Date
    Dec 2015
    Posts
    7

    Default How to Get Custody Back When the Other Parent Won't Return a Child After Visitation

    My question involves a child custody case from the State of: Alabama

    My daughter is 3 years old. I have sole physical custody. She went to her fathers for visitation but now he won't bring her home. I went to go and get her, but he wouldn't even let me see her. I cannot call without his permission and only when he's off of work. I cannot call his wife to talk to my daughter. My concern is that her visitation was over many weeks ago and now he won't let me even see her.

    I came here to bring her home or atleast to see her before christmas but he has denied me that and told me to go back to my home state and that i won't be able to see her. He says he has a lawyer. I went to the police station for an escort but even with my legal paperwork they stated that they couldn't go with me but that if he calls and complains that im on his property they will remove me. Then later I found out that the police informed him that I went to the police station and asked for help...

    I'm running out of time. I have to return to my home state soon to go back to work so i don't lose my home and miss on my car payments... what can I do? I've never had anything illegal against me. I've always been a proactive mother. I'm scared and nervous.

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

    Default Re: How do I get my daughter back?

    How long has it been?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

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  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How do I get my daughter back?

    you say you have sole physical custody; what stated granted that order?

    You mention Alabama; is that where you are from or where the father lives?

    are there any legal actions concerning the child pending at the moment?

  4. #4
    Join Date
    Dec 2015
    Posts
    7

    Default Re: How do I get my daughter back?

    she left on halloween as agreed she was to be returned on dec. 5 but on dec 4 he stated that she's not coming home and that i can come see her but shes not leaving with me. My agreement was done in the state of AL. Me and my daughter are residence from another state but the father lives in AL. No legal actions are pending.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How do I get my daughter back?

    Quote Quoting mariamolina
    View Post
    My agreement was done in the state of AL. Me and my daughter are residence from another state but the father lives in AL. No legal actions are pending.
    agreement?

    Either there is a court order designating custody or there isn't. Whether it was an agreement or not is immaterial.

    and if a court order, did you live in the same state then as you do now? If not, did you have the courts permission to take the child out of state and relocate?

  6. #6
    Join Date
    Dec 2015
    Posts
    7

    Default Re: How do I get my daughter back?

    yes child custody was a part of our divorce agreement. The court order was done in the state of AL

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How do I get my daughter back?

    Quote Quoting mariamolina
    View Post
    yes child custody was a part of our divorce agreement. The court order was done in the state of AL
    I had added to my questions apparently after you posted. Please answer those as well

  8. #8
    Join Date
    Dec 2015
    Posts
    7

    Default Re: How do I get my daughter back?

    The father lives in AL
    No legal actions concerning my daughter that are pending at the moment
    The state of AL granted the order
    its been 15 days since she was supposed to be returned home

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How do I get my daughter back?

    So you soecifically choose to not answer the rest of the questions. Ok. Then the best I can offer is file for a motion to enforce the order and demand the child be returned to you

  10. #10
    Join Date
    Dec 2015
    Posts
    7

    Default Re: How do I get my daughter back?

    Yes, when the court order was done I lived in another state, I still live in that same state. The order states that my daughter resides with me at the address that i live in currently and always have. sorry for missing it the rest of the question

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