If I gave my dad temporary custody of my children does he have the right not to give them back?

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If I gave my dad temporary custody of my children does he have the right not to give them back?

This did not go through the courts for him to get custody. signed a paper because I had some things to take care of and he made me believe that I could not take care of my children. I have taken care of the issues and now I want my kids back but he won’t let me have them. Am I allowed to go get them from him or do I have to take him to court? Now he is trying to stop me from seeing them without just cause.

Asked on September 11, 2012 under Family Law, Ohio

Answers:

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

Answered 9 years ago | Contributor

Nothing legal was ever done in court (with an order of temporary custody) nor were any papers drawn up with an attorney transferring temporary or legal custody correct? And I am assuming that no pther parent is in the picture as well. Then your father can not keep the children from you.  And even if there were a temporary agreement it most likely does not give him the right to keep them from you indefinitely.  Hence the word "temporary" but I would like some one to read it for you. In any event, if neither an agreement or court order exists, go and get your kids.  Just make sure that you do it in a non threatening way that could cause emotional damage to the kids.  Good luck.


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