How to I re-establish custody with my children? 7 Answers as of March 29, 2016

I went on retained jurisdiction and have been away from my children for 9 months. How do I enforce or reestablish custody according to my divorce decree?

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
The first step would be to seek enforcement, although I am unaware what "retained jurisdiction" is. Were you deployed militarily? You should be able to reestablish your relationship without a problem; if you had residential custody, that is not so clear unless there was a specific agreement concerning reinstatement upon your return.
Answer Applies to: New York
Replied: 3/29/2016
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Your question makes no sense. If the court took away custody permanently you can't reestablish it. If the court set conditions before you can see the kids, you have to show the court you met the conditions. If you simply haven't seen the kids and left them with a 3rd party, custody is not impacted and you have a right to the kids unless the 3rd party has filed something.
Answer Applies to: Washington
Replied: 3/25/2016
Attorney at Law | Aimee C. Robbins
If you have visitation provided for in your divorce decree and you have documented that your attempts to see your children were denied-than you can file a motion for contempt to enforce the visitation. If you hire an attorney, you would ask that your attorney fees be reimbursed also.
Answer Applies to: Maryland
Replied: 3/23/2016
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Engage an attorney to enforce the order.
Answer Applies to: Michigan
Replied: 3/23/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
First, re-read the divorce decree with care. Then, hire an experienced family law attorney to assist you with the process. Every state has different laws, and many counties have somewhat different practices. You do best with a local lawyer who knows the local people and practices. Typically, you would move to amend the order or judgment. The general practice is to move you back into the children's lives rather slowly, perhaps with few hours of placement now, and increasing perhaps by the month if everything works out.
Answer Applies to: Wisconsin
Replied: 3/23/2016
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    A Petition for Modification of custody must be filed. You need to show that there has been a change in circumstances negatively affecting the care of the children and it is in their best interest for a change of custody. At the age of 13 the child is allowed to express a preference.
    Answer Applies to: Georgia
    Replied: 3/23/2016
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Attempted to reintroduce yourself on the timeshare based upon your current court order. If the other parent is unwilling to work with you in this regard, you should file a motion and return to court to address the reestablishment of the timeshare.
    Answer Applies to: California
    Replied: 3/23/2016
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