What will happen if I don’t send my son back to his dad’s in another state?

UPDATED: Aug 8, 2012

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What will happen if I don’t send my son back to his dad’s in another state?

My 16 year old son has been visiting just over a week and is scheduled to go back to his dad’s. A few days before he arrived I got a call from his dad that my son was in the hospital from a drug overdose. Apparently this is the second time (and this time doctors were unsure what the outcome would be) in about 2 months. His dad never communicates what is going on (he’s afraid that I’ll want to take custody). I contacted the school to get his grades and found out on my own that he failed 10th grade. What will happen if I don’t send him back?

Asked on August 8, 2012 under Family Law, Vermont


Ganette Genetti / Ahluwalia Law Professional Corporation

Answered 10 years ago | Contributor

Since you have a child custody order, then you should immediately petition the issuing court to seek a modification.  You need to comply with all laws regarding child custody, because these are orders of the court, and you don't want your child's father to accuse you of kidnapping.  And generally speaking, you can be held in contempt of court for violating a court order. You need to act fast as time is of the essence.   

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