What happens if the non-custodial parent refuses to return the child to the parent with custody? | David Anton | Anton Family Law Group | Serving Tampa for 30 years | Call for Consultation | 813-443-5249 | [ Ссылка ] | paralegal@davidanton.com | 1509 E. 9th Ave, Tampa, Florida 33605
With the assumption that you have a well-written final judgment of disillusion of marriage incorporating, typically, a marital settlement agreement, but not always, that has terms that talks about where the child shall be when, in other words, the terms of the visitation and custody arrangement, if a party breaks it and it can be determined that they really are breaking it, then you can get an emergency pick up order, which the sheriff will follow, who will actually return the child from one place to the other.
That isn't typically necessary because once the order is signed and showed to the other party, they usually deliver the child prior to having the child subjected to a police officer. That becomes a little more difficult to implement, though, if the terms of your divorce decree are very elusive, such as, "both parties shall have liberal time with the children." That creates a bit of a problem in those types of circumstances.
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