If my ex-husband is refusing to give my 4 year old son back to me, what rights do I have?

My ex-husband is refusing to give my 4 year old son back to me after his weekend with him. In the papers he has to return him by 7 pm tonight. What rights do I have if he doesn’t? Is he in contempt of court if he keeps him from me? I’m also worried about his safety with him. We both have joint custody, but I have him full time. He has not wanted him for the time he does have in the papers. He only wants to see him 2 times a month.

Asked on May 20, 2012 under Family Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I think that you need to speak with an attorney here as soon as you can regarding the custody and visitation here.  But in the meantime yes, he is in contempt of the court order.  If you are really worried about the child then you may need to bring an emergency petition before the court.  Good luck.


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