What can I do if my ex is trying to keep my son even though I have sole custody? 3 Answers as of June 30, 2011I have a 12, almost 13, yr old son and he is set to visit his father for 3 weeks starting this Wednesday. The father called my son and said he has to live with him permanently, and is telling me that he is going to keep my son and not have him returned. There is no court ordered visitation. I have sole custody and the father does not pay any child support. I am not sure what to do. Should I not send him? What if he decides to not send my son back? What could I do?
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
You need to make note of the conversations and try to get him to put something in writing, such as through a text or email, that either indicates when he is going to return the child or that he is not intending on doing so. If he will put in writing when he is supposed to get the child and when he is going to return the child, then send the child. If he won't, then don't send him until he does. You said there was no court order regarding any visitation or timesharing, so I presume this is just an agreement between you two, and you are well within your rights to want something in writing, especially if he's making threats. If he puts it in writing and then refuses to return the child, you should file an immediate court action for return of the child to you (and his writing can be used in that action). If you need to file a court action because he's refusing return of the child, I would strongly suggest retaining an attorney to assist you. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available.
Answer Applies to: Florida