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  1. #1
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    Default What to Do if the Non-Custodial Parent Will Not Return the Child as Agreed

    My question involves a child custody case from the State of: South Dakota.

    I will try to keep this short, my daughter is with her father in ND, our custody agreement is in SD, I live in SD and he lives in ND. He gets the majority of summer with our daughter with her to be returned two weeks prior to the start of school. She starts School on the 23rd of August. Our agreement was he would bring her home on the 6th of August (he requested that so he wouldn't have to take time off work) this is all over email. On Saturday he informed me that he will not be bringing her home until the 11th of August. I know its not a ton of time but we had plans for a trip. I told him no and he basically said I don't care and i'm not bringing her home till I'm ready. Do I have any options?

    Thank you!

  2. #2
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    Apr 2009
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    Default Re: Father Refusing to Return Child Vage Custody Orders

    You have no options until he actually ignores the court order. Has he done this before? If yes, how many times? Did you go to court?

  3. #3
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    Oct 2006
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    Default Re: Father Refusing to Return Child Vage Custody Orders

    Quote Quoting Surefine
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    My question involves a child custody case from the State of: South Dakota.

    I will try to keep this short, my daughter is with her father in ND, our custody agreement is in SD, I live in SD and he lives in ND. He gets the majority of summer with our daughter with her to be returned two weeks prior to the start of school. She starts School on the 23rd of August. Our agreement was he would bring her home on the 6th of August (he requested that so he wouldn't have to take time off work) this is all over email. On Saturday he informed me that he will not be bringing her home until the 11th of August. I know its not a ton of time but we had plans for a trip. I told him no and he basically said I don't care and i'm not bringing her home till I'm ready. Do I have any options?

    Thank you!
    Well, you could simply go get her yourself in order to get her back on time, and then if you want to you can file contempt of court against dad for violating the order.

  4. #4
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    Default Re: Father Refusing to Return Child Vage Custody Orders

    Quote Quoting Dogmatique
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    You have no options until he actually ignores the court order. Has he done this before? If yes, how many times? Did you go to court?
    He has not done this before. He has threatened but never followed through. I am very concerned that he will not bring her back at all. He is in a bad mental place, his girlfriend passed away and now his daughter is leaving and he wont see her again for months - his own issues, he could visit per the orders.

    Quote Quoting llworking
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    Well, you could simply go get her yourself in order to get her back on time, and then if you want to you can file contempt of court against dad for violating the order.
    Well that poses issues also, it is 600 miles away and due to a medical condition of my own, I can not travel. He moved away after the divorce, requiring him to do all travel.

  5. #5
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    Default Re: Father Refusing to Return Child Vage Custody Orders

    Quote Quoting Surefine
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    He has not done this before. He has threatened but never followed through. I am very concerned that he will not bring her back at all. He is in a bad mental place, his girlfriend passed away and now his daughter is leaving and he wont see her again for months - his own issues, he could visit per the orders.



    Well that poses issues also, it is 600 miles away and due to a medical condition of my own, I can not travel. He moved away after the divorce, requiring him to do all travel.
    If you can go on this trip...

    On Saturday he informed me that he will not be bringing her home until the 11th of August. I know its not a ton of time but we had plans for a trip. I told him no and he basically said I don't care and i'm not bringing her home till I'm ready. Do I have any options?
    Why can't you go get your daughter?

    If dad is in a bad place and might not return your child, then you would have to get there somehow to get her back.

  6. #6
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    Default Re: Father Refusing to Return Child Vage Custody Orders

    Quote Quoting llworking
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    If you can go on this trip...



    Why can't you go get your daughter?

    If dad is in a bad place and might not return your child, then you would have to get there somehow to get her back.
    My trip is only a 50 mile trip. if it comes down to it, I will absolutely go get her. I know he is not going to just open the door and say here ya go. What do I do when I get there?

  7. #7
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    Default Re: Father Refusing to Return Child Vage Custody Orders

    Quote Quoting Surefine
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    My trip is only a 50 mile trip. if it comes down to it, I will absolutely go get her. I know he is not going to just open the door and say here ya go. What do I do when I get there?
    You have a copy of your custody orders showing that the child is to be returned two weeks before school starts. You bring a print out of when school starts, and you go to the police in dad's community and ask for a civil standby.

    Quote Quoting Surefine
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    My trip is only a 50 mile trip. if it comes down to it, I will absolutely go get her. I know he is not going to just open the door and say here ya go. What do I do when I get there?
    You have a copy of your custody orders showing that the child is to be returned two weeks before school starts. You bring a print out of when school starts, and you go to the police in dad's community and ask for a civil standby.

    Quote Quoting Surefine
    View Post
    My trip is only a 50 mile trip. if it comes down to it, I will absolutely go get her. I know he is not going to just open the door and say here ya go. What do I do when I get there?
    You have a copy of your custody orders showing that the child is to be returned two weeks before school starts. You bring a print out of when school starts, and you go to the police in dad's community and ask for a civil standby.

  8. #8
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    Aug 2017
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    Default Re: Father Refusing to Return Child Vage Custody Orders

    I appreciate the answers so far. So lets say I make the trip there to pick her up, what do I do when I get home? Obviously I am not going to let him pull this stunt again. Is a judge going to do anything about this? He owes me a ton of money for medical bills, his child support is already garnished because he wont pay. There is absolutely no co-parenting or positive communication, I have resulted to only communicating via email. I refuse to talk on the phone at all. I am just at my wits end.

  9. #9
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    Oct 2006
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    Default Re: Father Refusing to Return Child Vage Custody Orders

    Quote Quoting Surefine
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    I appreciate the answers so far. So lets say I make the trip there to pick her up, what do I do when I get home? Obviously I am not going to let him pull this stunt again. Is a judge going to do anything about this? He owes me a ton of money for medical bills, his child support is already garnished because he wont pay. There is absolutely no co-parenting or positive communication, I have resulted to only communicating via email. I refuse to talk on the phone at all. I am just at my wits end.
    You take him to court for contempt on the medical bills, and for refusing to return the child on time. He probably will just get a serious scolding from the judge (and perhaps get the medical bills added to the garnishment) but he will have to travel back to your state for court and that will cost him some money. If he does it again, then the judge will come down on him a lot harder...small fines, large fines, supervised visitation, even jail time are all things that can happen if dad doesn't straighten out. You can also ask that he be ordered to pay your travel costs to retrieve the child and your attorney fees if you have an attorney. I can't guarantee that you will get those, but asking for them will get dad's attention.

  10. #10
    Join Date
    Dec 2007
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    273

    Default Re: Father Refusing to Return Child Vage Custody Orders

    Payment of child support and other money due to you from him has nothing to do with visitation.

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