How can I get my child back if my separated husband took her? 23 Answers as of June 21, 2013

How can I get my child from my husband, whom I've been separated from but not legally, today from him? He has threatened to keep her from me and I am the one working and supporting her. He doesn't' work, lives with his parents, and does drugs, that he just admitted to me today, while he has her. All I want is to get her from him today and then begin the process of separation or divorce.

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You can't enforce anything until you file for a divorce and have the court enter an appropriate parenting order that determines where the child will live and what time the child will spend with the other parent. Until you do that, you are not able to force him to do anything he doesn't want to do.
Answer Applies to: Colorado
Replied: 9/23/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
File a disso & an ex parte requesting the return.
Answer Applies to: California
Replied: 9/23/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
You can call the police so you can have a record of the facts (i.e. of the alleged withholding of your daughter from her normal primary residence). Then you can immediately file a motion with the court to get orders on custody. You do not have to file for divorce to request custody orders. However, if you are going to file for divorce, you can file the custody papers at the same time. Filling out and filing divorce papers only takes a few minutes. Best to call a local family law lawyer for help.
Answer Applies to: California
Replied: 9/22/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You can go and get emergency court orders if he continues to refuse.
Answer Applies to: Connecticut
Replied: 6/21/2013
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
The only good way to get your child back may be to start the dissolution of marriage and have a hearing on temporary orders, including a temporary parenting plan. You would be asking the court to make you the primary residential parent of your child. Once you had such a parenting plan entered, then your spouse much either return the child or face being punished by the court.
Answer Applies to: Washington
Replied: 9/22/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If he is that bad why get a legal separation and just go straight for the divorce? Until you get an order from a court granting you custody, he has just as much right to have the child as you do. T
    Answer Applies to: Michigan
    Replied: 9/22/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You need to talk to a lawyer, right away. Your child is in danger. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 9/22/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    File papers for divorce or separation and request a hearing immediately.
    Answer Applies to: Wisconsin
    Replied: 9/22/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Your rights to your child are the same as your husband's until an order says otherwise.If you don't want to play tug of war with your child however, file for divorce and seek a temporary parenting plan.Immediate emergency orders (ex parte) might be appropriate too if you have a basis for them, returning the child to you. The drug use may be sufficient reason.You can seek the emergency order the same day you file for divorce, which is not hard.
    Answer Applies to: Washington
    Replied: 9/22/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    You should contact a family law attorney immediately to assist you in filing for divorce and custody. Right now each of you have an equal right to custody and visitation since there are no court orders. However, if your husband refuses to return your child you may be able to obtain emergency orders which would allow you to retrieve the child.
    Answer Applies to: California
    Replied: 9/22/2011
    Reza Athari & Associates, PLLC | Riana Durrett
    Under Nevada Revised Statute 125.465, married parents have joint custody until otherwise ordered by court. The Clark County District Court, Family Division has a self-help center that provides forms for family disputes, but they do not give legal advice. An attorney can help you decide how the proceed and which facts and evidence would be most important in such a case.
    Answer Applies to: Nevada
    Replied: 9/22/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Depending on whether and how you might be able to get your child back on your own (picking up from school or day care), you may need to hire a lawyer, file for divorce first, then work on the custody issue.
    Answer Applies to: Georgia
    Replied: 9/22/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    File a divorce and with that a motion to immediately address the custody and visitation issues.
    Answer Applies to: California
    Replied: 9/22/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    You need to file for divorce and get an emergency ex parte custody hearing as soon as possible. The longer you wait the more difficult it will be.
    Answer Applies to: Arkansas
    Replied: 9/22/2011
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    Because you are married, you both have legal custody. Therefore, to get her back, you will need to file for divorce and seek an order from the court.
    Answer Applies to: Ohio
    Replied: 9/22/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Until you retain a lawyer and file a divorce, you cannot do anything. So step one is to get counsel, file and serve him. You will not complete the process in one day.
    Answer Applies to: Georgia
    Replied: 9/22/2011
    Law Offices of Andrew J Spinnell, LLC
    Law Offices of Andrew J Spinnell, LLC | Andrew J Spinnell
    Go to Family Court to file a Petition by Order to Show Cause for temporary exclusive custody and for a writ of habeas corpus.
    Answer Applies to: New York
    Replied: 9/22/2011
    Law Offices of Marshall R. Hoekel, LLC | Marshall Hoekel
    If the child is in danger, you can take out a child protective order in your circuit court.
    Answer Applies to: Missouri
    Replied: 9/21/2011
    Law Office of Rhonda Ellifritz | Rhonda Ellifritz
    File ex parte for custody of your child and file for divorce. If you believe your child is in immediate danger and he refuses to return her, call police.
    Answer Applies to: California
    Replied: 9/21/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Just go get her. If he won't give her to you, call the police. They probably won't do anything, but at least you'll have an incident report of him refusing to return her. Then, you should consult with an attorney ASAP and file for divorce.
    Answer Applies to: Florida
    Replied: 9/21/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Until there is a court order to the contrary, married parents have an equal right to have the children in their care. Where a divorce is anticipated, the situation can become an untenable tug of war with the children between parents. Moreover, depriving a parent of contact with their children without good cause can be considered by a court when a custody determination is made. In most cases, the children are better served by mediating a custody and parenting schedule until a court can hear the issue as part of a custody, legal separation or divorce case and issue an order based on what it believes to be in the best interests of the children.
    Answer Applies to: Minnesota
    Replied: 9/21/2011
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