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Child Law Child Custody
My husband’s ex is mad at him and therefore doesn’t let me see his child at the court appointed times, though they both have legal joint custody. She tells him that she doesn’t trust him. Can we just go and pick up the child from school?
Under no circumstances pick up the child at school. You will be subject to arrest. You can only take the child when the husband’s ex turns over the child to you. If she fails to do so on the appointed date and time, she’s in contempt of court.
Your attorney can file an emergency petition with the court to bring her before the court to explain to the judge why she hasn’t relinquished custody pursuant to court orders and shouldn’t be sanctioned in some manner by the court. Excuses such as “I don’t trust you” or “I don’t like him” won’t win the day for her. The fact remains that there are court orders in place, and unless she’s in the hospital or for some other extremely good reason, she had better think before keeping the child away from husband and disobeying a court’s order.
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