What to do if my ex is trying to keep my children from me?

There is no parenting plan in place and there is no court papers saying I can’t see them. I picked my boys up on Friday and my youngest was covered from head to to in dry oozing skin because my ex refuses to listen that he can only give him a bath 2-3 times a week. Is there anything I can do? I did not send my kids back to their father today as planned

Asked on January 27, 2013 under Family Law, New Hampshire


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You'll need to file a petition for custody. A formal agreement at this point will be best. In makig a determination as to placement, the court will consider various factors. Further, depending on their ages, your children's preferences may also carry weight (the older the child the more their choice is taken into consideration, although the final decision rests with the court). It will all come down to what is in the "best interests of the children". However, until there is an order issued, you both have equal rights to the children. In other words, you do not need to bring them back; you cannot be charged with parental kidnapping.

At this point, you really need to consult directly with a divorce attorney in your area.

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