Non-cusodial parent

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alleecat

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My sister-in-law's eight year olds daughter's father is refusing to give her the child back. She is the custodial parent and he just has certain visitation rights. What can we do to get this child back. She has as of today missed three days of school because of his refusal to return her.
 
Do you have a custody order? My exhusband did the same for 2 mos he kept my 2 boys for almost 2 mos. All I could do was go to the police station and keep on filling out police reports until we got a custoday hearing. Has school tried to call or anything
 
She can try calling the police with her custody order in hand and see if they will force the return. Or she needs to go down to court or call an attorney to file an emergency order.
 
She did go to the police with her custody order and they told her that there was nothing that they could do. It was a domestic situation and that she would have to take him to court.
 
This is very frustrating. She paid a lawyer about 7 years ago to get a custody order to keep this from happening again and it seams like it's a waste of money to do anything. Does anyone know how we can get this taken to court. This child is now not been in school for a week as of tomorrow. We've got to get something done quickly.
 
She should call or go down to family court in the morning. They may have an advocate to help her fill out the forms and they'll certainly have the forms. In addition to an emergency order, she should consider a restraining order. If, in the future, he should violate that order, the police could take action.
 
We tried the police and they could not do anything although, an officer did go with us to his residence. But of course he wasn't there. We tried to get an attorney, but nobody has the money to hire an attorney. She's now been out of school going on her second week. We did notify the truancy officer in the county that he lives in. Has anyone had any dealings with The Center for Missing and Exploited Children? They had a large downloadable booklet that I read concerning family abduction. One thing that they suggested was to file a missing person's report with the police and then make certain that they put her in the FBI's missing person data base. But my husband seems to think that it will be filing a false police report since we really know where she is.
 
non-custodian

If I am not mistaken that is called kidnapping in the legal eye. If ya'll have joint custody then it take off of his time to have it. Check the laws in your state and find out.
 
If there is no court order and paternity was established and the father is the legal father, both parents have equal rights in most states.
 
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