Legal Question in Family Law in Michigan
joint custody
I have joint legal and joint physical customdy of my two minor children. I also have primary physical possession and residence of both. After an extended absence in my boys life, their mother took my 9 year old for ''her weekend''. I went to pick him up tonight, and she refused. I called ''911'' and they state they will come out and make a report, but will not get involved, due to this being a civil matter. I want to know how I can get my son back, I am afraid she is taking him out of town and scared to let too much time go by. Thank you for taking the time to respond.
2 Answers from Attorneys
Re: joint custody
You need a pick up order. Have your attorney get on this first thing on Monday morning. Your attorney should be able to get an emergency hearing in front of your judge right away.
Re: joint custody
Go to the house with a video camera and a friend to do the taping. Request the return of the child and bring a newspaper with you to hold up to the camera to show the date. Don't do anything to scare the child. Just make your simple request. Then file a motion to hold your ex in contempt of court for violating the order. A good judge will straighten this out. William S. Stern (By the way, the cops have the duty to get involved. Ask your lawyer if he wants to have the police chief dragged into court to show cause why he should not be held in contempt for refusing to perform his duty.)
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