Contact the local police and request they accompany the guardian to the residence where the child is located. This is not an ideal solution, however a court appointed guardian is responsible for the child and legally responsible to abide by the court's guardian mandates. The police will need to see a copy of the guardianship award or some proof of the person's legal guardianship status.
United States
This is a legal problem. In the United States there are laws and guidelines that govern domestic issues and no person must try to solve this type of problem on their own. The laws provide checks and balances to protect the legal rights of the individual from abuse by stronger individuals.
Since details about marital status or any existing court orders were not provided, the following is a brief general summary to help the mother plan a strategy to enforce her legal rights.
The mother should contact an attorney or a legal advocate at the court immediately. She may be advised to request a restraining order and to have the child returned from the father's home. The state laws must be applied in this case and the court will render its decision based on those laws.
If the mother has custody and the father does not, he has no right to keep the child without a court order. In that case she should contact the police.
She should contact the court immediately and seek advice from a legal advocate at the family court. Children should not be used as weapons by adults who cannot get along.
If there are no existing court orders she should petition for child support order and a visitation schedule and get those court orders in place. That way, if the father refuses to return the child, she can file a motion for contempt of a court order and if the father continues to refuse to cooperate he may lose his visitation rights.
She should contact the court immediately and seek advice from a legal advocate at the family court. Children should not be used as weapons by adults who cannot get along.
If there are no existing court orders she should petition for child support order and a visitation schedule and get those court orders in place. That way, if the father refuses to return the child, she can file a motion for contempt of a court order and if the father continues to refuse to cooperate he may lose his visitation rights.
She should contact the court immediately and seek advice from a legal advocate at the family court. Children should not be used as weapons by adults who cannot get along.
If there are no existing court orders she should petition for child support order and a visitation schedule and get those court orders in place. That way, if the father refuses to return the child, she can file a motion for contempt of a court order and if the father continues to refuse to cooperate he may lose his visitation rights.
She should contact the court immediately and seek advice from a legal advocate at the family court. Children should not be used as weapons by adults who cannot get along.
If there are no existing court orders she should petition for child support order and a visitation schedule and get those court orders in place. That way, if the father refuses to return the child, she can file a motion for contempt of a court order and if the father continues to refuse to cooperate he may lose his visitation rights.
She should contact the court immediately and seek advice from a legal advocate at the family court. Children should not be used as weapons by adults who cannot get along.
If there are no existing court orders she should petition for child support order and a visitation schedule and get those court orders in place. That way, if the father refuses to return the child, she can file a motion for contempt of a court order and if the father continues to refuse to cooperate he may lose his visitation rights.
The best way to handle this is to get a court order establishing legal custody.
No, both parents have equal rights to the child. If the child is currently living with the father, then he has established temporary custody. A court will need to decide upon a formal custody and child support agreement.
The father will have to take the mother of the child back to court if the divorce is already finalized. Custody should have been determined during the divorce so if 1 party wants to change that, they will have to take the other person back to court again.
Yes, harboring a runaway.
The parents have to go back to court to file a modification of the custody order. They should also terminate any child support order that obligates the father to pay child support
Even though the mother is underage she still has custody of her child as long as she does not do something to get custody taken away from her
The police can bring the child back to his father since the court order says it is his weekend. The mother also have a responsibility to make sure the child is brought back and can not break the court order.
Only in cases of illegitimate births. Well, the mother can take the child but she can't stop the child from seeing the father. the child deserves to see the father in their life. The father can also take the child back and the parents can share time with the child. Or the child can make his/her own decision to live with the mother or father.
By virtue of being "unwed" the mother will have sole custody. Father will have file some type of paternity action.
Do you have a court order saying you have visitation? Are you the biological father? If so then YES. Go back to court and file for custody.
Didn't you keep custody from him and he got the child back? see link
Yes, a mother can fight for custody. Unfortunately, the courts are going to tell you no, if you can't prove the change in custody is beneficial to the child's well being.There were reasons why the father was granted custody in the first place. Generally, there must be a change in circumstances in order to take the case back to court. If nothing has changed there is no reason for the court to spend time going over the same case again. Perhaps the mother can prove to the court that the factors leading the court to award custody to the father have been addressed. Perhaps the child is better off with the father. The mother needs to convince the court that a change in custody is in the best interest of the child and not the mother's interest.