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Child being withheld

Discussion in 'Child Custody & Visitation' started by opera200, Sep 13, 2017.

  1. opera200

    opera200 Law Topic Starter New Member

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    Jurisdiction:
    Idaho
    Child is being withheld from Parent A. Parent B has left town and child is with Parent B friend. Divorce is still in mediation with no agreement. Have been separated almost 2 years with divorce actually being filed last spring with Parent B attempting to move child out of state. Before Parent B started withholding parent A had child on average 25 days a month. Can Parent A find child out in public and take the child from the friend? Or is there better advice?

    Thank you
     
  2. army judge

    army judge Super Moderator

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    Yes, but that will only cause the other party to do what you did.

    Talk to an attorney, and ask how best to proceed.

    To solve this permanently you will need to finalize the divorce.
     
  3. mightymoose

    mightymoose Well-Known Member

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    If there is a custody/vision order than review it for guidance.
    Odds are that parent A can go to where the children are and demand they be handed over. Law enforcement would likely back up the parent as the friend of parent B has no right to the children.
    If there is no visitation order yet then one needs to be obtained immediately.
     
  4. zddoodah

    zddoodah Active Member

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    So...why doesn't Parent A visit Parent B's friend's residence -- with the police if necessary -- and demand that the friend turn over the child to Parent A?

    Is there any sort of temporary custody order pending final resolution of the divorce case?

    We have no way of knowing what Parent A's abilities are, but I doubt this is the question you intended to ask. Assuming you intended to ask about legality, the only reason this might not be legal would be if the friend has some sort of court order for possession of the child or doing this would cause a disturbance of the piece.

    Speak with your divorce attorney about the situation and follow his/her advice.
     

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