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What are the options if an ex-spouse refuses to return the kids?

On Behalf of | Oct 25, 2022 | Child Custody And Visitation |

It is a common fear among Tennessee divorced parents that their ex will keep the kids and prevent them from reuniting. The concern and worry this can cause can lead to strained exchanges between the parents and can even escalate into violence, depending on the path chosen.

Should you take matters into your hands?

In these types of situations, some parents might feel as they have no other recourse but to take matters into their own hands. However, while some experts recommend simply trying to talk out the situation and convincing the ex to follow the custody order, others might be tempted to take their kids by force. This can have legal and emotional repercussions, particularly if the children witness the exchange. It can also make you look bad in front of the court and might even result in you violating some of the agreements stated in the parenting plan.

Solving it the legal way

While it might take more time than simply doing a dramatic grab of your child, going through the legal channels might protect your rights as a parent. Some of the things you can do to prepare to get your children back include:

  • Gathering documents and other evidence to support your case
  • Pursuing a restraining order if you feel your or your child’s wellbeing is in danger from the other parent
  • Seeking a custody order, if one does not already exist, or an order modification if an order already does
  • Attempting to get the police to enforce the order.

Be prepared to spend time, effort and possibly money to get your child back, particularly if the situation ends up in court. However, following all the legal steps might be safest and surest way to get your kids back.

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