Can a 13 year old just move in with a parent that only has visitation rights? 13 Answers as of January 15, 2014

My ex has visitation rights and I have primary physical custody. He took her to live with him without my consent. How do I get her back? She has always lived with me and I am told I am not allowed to step foot on his property by him.

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Provda Law Firm
Provda Law Firm | Bruce Provda
Take him to court for violating the custody order.
Answer Applies to: New York
Replied: 1/15/2014
James M. Chandler | James M. Chandler
Contact the local police or sheriff and tell them you have a court order for custody and the father will not return the children.
Answer Applies to: California
Replied: 1/15/2014
Diane l. Berger | Diane L. Berger
You file a Motion with the court asking for the immediate return of your child and if the Judge signs an ex parte order you go to retrieve her with a deputy.
Answer Applies to: Nebraska
Replied: 1/15/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
File a motion for contempt with the court. You could also call the police and show them your custody order and they should take your daughter away from the father.
Answer Applies to: Idaho
Replied: 1/15/2014
The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
You may file a writ of habeas corpus, serve the father, and the court will order the child returned. He may file a motion to modify in response based on the child's wishes. You should consult an attorney,because if the child wants to live with him and that is in the child's best interest, then he may get a modification giving him custody and requiring you to pay child support.
Answer Applies to: Texas
Replied: 1/15/2014
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    If there is a court order granting you custody you need to file a Motion for Contempt.
    Answer Applies to: Georgia
    Replied: 1/15/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    You should contact your local police. Father has no right to take such actions if you have custody.
    Answer Applies to: Ohio
    Replied: 1/15/2014
    The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
    You should consult with an experienced family law attorney, presumably the attorney who represented you in the dissolution matter. Generally speaking, unless there is an order from the court that modifies the prior parenting time orders, the present order remains in place. Filing a petition to enforce the present orders will probably be necessary.
    Answer Applies to: Arizona
    Replied: 1/15/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If you have an existing court order indicating that you are the custodial parent, please contact the local police authorities to have them assist you on retrieving your daughter.
    Answer Applies to: California
    Replied: 1/15/2014
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    File a motion for contempt, sanctions and immediate return of your child.
    Answer Applies to: Wisconsin
    Replied: 1/15/2014
    J. Barbour Rixey, P.C.
    J. Barbour Rixey, P.C. | J. Barbour Rixey
    Get your custody order and take the police with you to go pick her up. Otherwise file a petition for show cause against your ex for violating the order.
    Answer Applies to: Virginia
    Replied: 1/15/2014
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