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Need advice ASAP!

My ex husband and I have a court order stating which days we each get our 2 daughters. He asked if on my day he could take our oldest daughter(15) to the tutor(he normally takes her on his day). I agreed to the time, and then he changed the time on me and I said that time wouldn't work. He then threatened to pick her up after school anyway, regardless that it's my day and I said no. I told him I would call the police if he did that, but my question is: If he attempts to take her, can I get his parental rights taken away? If no, then what can I do to prevent this again?

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Anonymous

Asked by Anonymous at 4:33 PM on Sep. 8, 2010 in Relationships

Answers (11)
  • No, I don't think you can have him stripped of his parental rights. But he would get in trouble with the judge. IDK exactly what would happen, it's according to the judge. And what he/she wants to do.
    Raine2001

    Answer by Raine2001 at 4:35 PM on Sep. 8, 2010

  • Yes you can get his parental rights taken away if he does that. If it's your day by court order only though. If you have a court order that says it's your day, and he takes her without your permission, then it's a form of parental abduction.
    DereksBabyMomma

    Answer by DereksBabyMomma at 4:35 PM on Sep. 8, 2010

  • I would talk to the court to see what the best course of action would be. He might be charged with kidnapping if he takes her on a day that is supposed to be yours, and takes her without your permission.
    SarahLeeMorgan

    Answer by SarahLeeMorgan at 4:36 PM on Sep. 8, 2010

  • Ah, cause you would want to take this to the judge, next time ya'll go back to court. If ya'll aren't due to go back, maybe you should think about getting back in. And maybe you should think about not agreeing to changing the days like that again.
    Raine2001

    Answer by Raine2001 at 4:36 PM on Sep. 8, 2010

  • They would probably only make him abide by the custody order. Not take away his parental rights.
    tootoobusy

    Answer by tootoobusy at 4:37 PM on Sep. 8, 2010

  • Yes he could def. get into trouble... someone might view this as kidnapping or something,,, taking her without permission... the only way IMO to stop this from happening again is inform him, you will get him in trouble (regardless if you really intend to) if he doesn't stay within the agreement of the papers ordered by a JUDGE...
    JuLiAnSmOmMy317

    Answer by JuLiAnSmOmMy317 at 4:41 PM on Sep. 8, 2010

  • Just record it and bring it up in court. I would call the police
    noahsmommy12908

    Answer by noahsmommy12908 at 4:48 PM on Sep. 8, 2010

  • You need to make notes about what he is saying and what has happened.....then call the police if and when he does this so that a report is filed. Then you need to call yoru attorney and let them know that he is not following orders of what he is supposed to do. The Judge will frown on this and will enforce days.
    hsmominky

    Answer by hsmominky at 4:52 PM on Sep. 8, 2010

  • He is legally breaking the court order, which is against the law. You can have his parental rights questioned and even be setenced with an attempting kidnapping charge. Seeing as he said "I will take her anyway" after you've told him "No". He doesn't have a right to take her on days that he is not assigned. You may give permission to him to take her on his off days, but if that permission it revoked then he doesn't have the right to take her. You can take it up with the court. YES you can call the police and they will keep him from taking her. However, you have to prove to the police that there is an order against him having her on certain days.

    I agree with a previous post. Take notes about times and days of what he says of what exactly he says. If it becomes more apparent that he's becoming more aggressive about taking her he can have his visitations lessened. If not completely taken away.
    JazzlikeMraz

    Answer by JazzlikeMraz at 5:47 PM on Sep. 8, 2010

  • I think what you can and cannot do legally depends on your state. In the state I live in, you can request a hearing based on him not following the custody/parenting time set forth by the court (I cannot remember exactly what it's called). Here, one can call the police, they will take it seriously, but the person would need all the court documents, etc. I'm not sure if the court would do anything based on one violation, but, IMHO, you should always document what's happening, anf if the police in your area will help, call them. You may want to call them to see what exactly they will do? I called mine to verify what would happen, and they were willing to help me.
    MeandMyBabes

    Answer by MeandMyBabes at 6:23 PM on Sep. 8, 2010

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