My question involves a child custody case from the State of: Florida
Please advise- My son's father and I have an agreement/parenting plan which has specific guidelines regarding visitation. Due to problems we have had in the past, my former attorney had added a section in my parenting plan which states:
"Assistance By Law Enforcement. In the event that the child is not returned to the Mother at the conclusion of any parenting time with the Father, or, the child is not sent to the Father at the beginning of his parenting time, law enforcement shall be directed to assist the complying party. The non-complying party shall be responsible for payment of reasonable attorneys fees and costs associated with any legal action required to secure the child.
The agreement also says that if the father shall forfeit his next visit if he violates this section of the agreement.
Now here is my problem. My son's father picks my son up every other weekend, Friday through Monday. The father is required to drop my son off at either my home or at my son's school every Monday. I had told my son's father in writing last week that if he was unable to bring my son back home, then not to pick him up, reschedule, etc. It is now Monday and I emailed my son's father earlier in the day asking what time he would be bringing my son home. He replied that he will not be bringing my child home at all. I told him that if he did not return my son home before midnight tonight, that I would be calling the police. It is now 5:30 at night, and I haven't gotten any response on when my son is going to be dropped off. I want my kid to come home, as agreed upon. What can or should I do? Do I have any legal options other than contempt? At what point is this considered custodial interference or kidnapping and will law enforcement even be able to help me??
Please advise. I just want my son back from this controlling, narcissistic person.
Please advise- My son's father and I have an agreement/parenting plan which has specific guidelines regarding visitation. Due to problems we have had in the past, my former attorney had added a section in my parenting plan which states:
"Assistance By Law Enforcement. In the event that the child is not returned to the Mother at the conclusion of any parenting time with the Father, or, the child is not sent to the Father at the beginning of his parenting time, law enforcement shall be directed to assist the complying party. The non-complying party shall be responsible for payment of reasonable attorneys fees and costs associated with any legal action required to secure the child.
The agreement also says that if the father shall forfeit his next visit if he violates this section of the agreement.
Now here is my problem. My son's father picks my son up every other weekend, Friday through Monday. The father is required to drop my son off at either my home or at my son's school every Monday. I had told my son's father in writing last week that if he was unable to bring my son back home, then not to pick him up, reschedule, etc. It is now Monday and I emailed my son's father earlier in the day asking what time he would be bringing my son home. He replied that he will not be bringing my child home at all. I told him that if he did not return my son home before midnight tonight, that I would be calling the police. It is now 5:30 at night, and I haven't gotten any response on when my son is going to be dropped off. I want my kid to come home, as agreed upon. What can or should I do? Do I have any legal options other than contempt? At what point is this considered custodial interference or kidnapping and will law enforcement even be able to help me??
Please advise. I just want my son back from this controlling, narcissistic person.
Custody and Visitation Issues: My Son's Father is Refusing to Return My Child After a Visitation. What Can I Do
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