My daughter has sole physical custody and the father picked up the son for his weekend visit he stated he is bringing

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Customer: my daughter has sole physical custody and the father picked up the son for his weekend visit he stated he is bringing the child home at a different court ordered time with out it being a mutal agreement. Example he is supposed to be home at 8am my daughter said he could bring him at 12 but he refuses and said he will bring him at six what can she do or need to do.
JA: Who currently has legal custody?
Customer: They have joint legal but she has sole physical
JA: Is there a child custody order in place?
Customer: He has 1st and 3rd weekend visits and the son is supposed to me home or at school.by 8am on monday.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes there is an order in place
Answered by Infolawyer in 5 mins 7 months ago
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Infolawyer
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Jessica

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Infolawyer, Expert

Hello, my name is ***** ***** I am a licensed attorney with 18+ years experience. Please allow me a few moments to review your question. I will reply right back!
Customer
Ok
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Infolawyer, Expert

It makes me sad to hear this happened.   Let me outlined a couple of strategies below.

Where the parent is violating a court order, I would recommend first a lawyer cease and desist warning.  From there, motion to court to compel compliance and hold him in contempt and legal fees.

You can seek expedited review and hearing from the court. This can be done by order to show cause motion (OSC) which is a motion supported by affidavit. This is something the court clerk can help you with or local counsel can prepare.

Site rules do not permit us to take on cases. Here, I wish I could.

I can offer resources for hiring counsel locally, often on commission or pro bono basis. I would be happy to share that information with you. Please let me know if that would help.

Customer
Of course today is a holiday however if he doesn't deliver the child by 12 does she need to call the police? Or can she show up with the custody papers to get her son?
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Infolawyer, Expert

She can do both.  She can also pursue the avenues I mentioned above (eg. lawyer demand, court motion)

Customer
His custody changed because of drug abuse and the child being left alone with a gun that was recorded by video. That's why we are just making sure what the next call should be and we can file necessary paperwork tomorrow when the court house is open
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Infolawyer, Expert

Involve the police and try to get them to escort her to get the child back.  Then explore the motion to the court for contempt.   I wish you the best. You are welcome to follow up on the answer as needed and keep me posted.

Customer
Ok thank you so much.
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Infolawyer, Expert

Thank you for the opportunity to address your question.

Please stay safe and healthy.

You are welcome to mark me as a favorite and follow up as other questions arise.

Customer
I sure will.
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Infolawyer, Expert

Perfect, until next time.

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