What can I do if my spouse refuses to give me rightful custody? 6 Answers as of August 03, 2011

My wife filed for divorce, and I agreed. In the divorce papers, it states I would get custody of my son, and she of my daughter and neither of us would pay child support. Through calls and emails, she has now said she will not give me custody of my son regardless of the courts rulings or whats filed, and she has filed a child support case on me. what can I do?

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Michael Apicella
Michael Apicella | Apicella Law and Mediation
You can file a motion to enforce the current custody terms. I suggest you call a local family law lawyer to assist you, or go to the legal self help center at your local courthouse. .
Answer Applies to: California
Replied: 8/3/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Interesting that you want to separate the children. The divorce is between the wife and husband or mother and father. The court wants the best outcome for the children. Both parents have to support their children.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
If you have a divorce judgment, then you would need to file a contempt hearing with the court to enforce it. If there are no orders, then she does not need to follow through with the agreement. In order to have custody of your son, you would need to file a request for custody with the court. In regards to the child support, child support is not waivable so either party may seek support at anytime.
Answer Applies to: California
Replied: 8/2/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You need to file a motion in the family court requesting physical custody of your son and a visitation plan for the mother. You should also file a response to the child support case alerting child support services you are asking for your son's custody.
Answer Applies to: California
Replied: 8/2/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
You can also call local law enforcement if you have a certified copy of the judgment and seek to enforce it.
Answer Applies to: California
Replied: 8/2/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You can retain a lawyer in the county where the order was made and file for contempt against her and ask for sanctions and legal fees. This is serious stuff and you need to contact a family law firm that can help you gain custody of your child.
    Answer Applies to: California
    Replied: 8/2/2011
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