26 answers

Help! My Ex Won't Give My Son Back!

I'm hoping some of you Mama's out there can give me some advice on what my options are. My son is spending the summer with his dad and his dad just informed me tonight that he won't be giving him back to me at the end of the summer. We currently have joint custody, but the orders designate me as being the parent to provide his primary physical residence. He's supposed to return him on Aug 27th as per the court orders. What can I do to make sure he does as he's supposed to?

2 moms found this helpful

What can I do next?

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I would contact your lawyer immediately and have him call for an emergency custody hearing wherein he asks for all visitations with the father to be supervised.

1 mom found this helpful

You should contact your lawyer immediately to find out what you need to do and the steps you need to take.
You should make a note on your calendar of the time and date he called to tell you he wasn't giving your son back.
Some men are particularly mean and say things like that to make their ex-wives miserable and try to maintain some control over the situation. Could he be doing that?
Whatever you do - call the lawyer.
Good Luck!!

1 mom found this helpful

If court orders state he is supposed to be returned on August 27, I'd call court representative and tell them Dad has stated he has no intention of returning him and ask what you can and should do. Dad could be saying that just to provoke you, but, I'd take it seriously. I'd talk to my legal representative to tell him what is happening. Whatever you do, stay calm. Do not get into shouting match with ex. Do not drag your son into this discussion. And, find out legally how you must proceed.

1 mom found this helpful

hi D.,
that's got to be pretty dang scary. is it possible he's just trying to ruin your summer? he must know that legally he hasn't got a leg to stand on, so it may be that he just wants you to fret and be miserable.
to avoid both this and the worse possibility that he DOES mean it, i'm afraid you must contact your attorney immediately. it'll be worth the expense to find out exactly what your options are. it may be that just making the threat is enough to ensure your son's immediate return home. but the best thing to do is to find out right away where you stand legally.
good luck!

Contact your lawyer and have every thing ready in case he really does not return him as per your legal agreement.

I agree with Cheryl O. Just make sure you keep in contact with your son to "nonchalantly" make sure that he is alright and where he should be. As all the other mothers stated, just contact your lawyer and let him know what he is threatening and at least it's "in the works" if something does happen. Also, like a lot of other mothers said, he might just be trying to make you mad (and ruin your summer having to think about all this the entire time...wondering what will happen). Men can do that sometimes and it's totally cruel. Powertripping like many said. Just stay in contact with your child. I hope that helps you out a bit. I really didn't say anything that wasn't already said though. Good luck!

right now id call your lawyer and tell him what he has said or the police. you cant keep him from seeing your boy legally just as much as he cant keep you from seeing him. come aug. 27th if he wont let you come get him then have the police meet you where he is to get the boy sense legally he has to. what i'd be woried about id him fleeing with him. but call lawyer and police so that his words are on file in case something does happen in aug.

Um if this information was shared with you via email then you take it to the police department along w/ the court order stating main custody and visitation rights and they will retrieve your son for you. If you dont have proof that he threatened this, then I guess your word will have to do.
I wouldnt even warn your ex. This will show him that he better not mess around w/ you, your child or the courts visitation stipulation, let alone the law. It will also send him the message that its serious business and that you are not playing around. Just remind him that the judge said he must be returned by said date and that there are consequences for not returning him. He might want to refresh is memory as to what could happen if he violates his visitation.

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