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Old 04-09-2008, 10:00 PM
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Family court lawyer out there? Need advice DESPERATELY!!?

In desperate need of help!!! My husband and I just got a call from my stepson (my husbands son)’ s school. Apparently our son’s “birth” mother went to the school and allowed him to get signed out of high school so that he can go to night school. We went to see the principal this morning and he let him back into the school. He is failing and played hooky for 24 days. We now have to go to hearing through the board of Ed to find out if he will be left back. We will do what we have to do but long story short. Our child’s birth mother had no right to sign him out of school. Our son’s primary residence is with us not her!! Legally what can we do? My husband is so upset. We want to call her and tell her we will no longer be sending the kids to see her on Wednesdays any longer. If we do this, is that considered kidnapping? Legally we don’t want to get in any trouble but we have had enough! What would happen if we refuse her the visitations?

Thank you so much for any help and advice!!!
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Old 04-09-2008, 10:00 PM
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It all really depends on what the custody orders look like. Is there even any custody orders?? Who has custody of the boy?? Is it equal custody or does one have more over the other??
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Old 04-09-2008, 10:00 PM
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I'm not a lawyer, but I work for 1 and have 1 in the family.

if you have a copy of the parenting plan showing you are the residential parent, get it certified by the court and take it with you to the hearing. if you don't have a copy, go to the courthouse and get a certified copy.

i don't know if withholding Wed. visitation would be considered kidnapping, but she could file a Motion For Contempt and you'll have to go to court and show good cause as to why you did this (in my opinion you have a great cause, but again, i'm not a lawyer).

my suggestion would be to get a lawyer, perhaps your husband's divorce lawyer?
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