Ex Took Daughter for Easter, Has Not Returned Her

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“I have primary custody but my ex took our daughter on April 5th for his Easter visitation and has not returned her as of yet.  Rosenberg police will not do a civil standby – I have limited funds because I just started my new job 2 weeks ago and have not even gotten my 1st paycheck.  How can I get my daughter back?  I cannot go to the house of my ex because I am afraid of him.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

The police *should* do a civil standby, assuming that you have a court order that spells out exactly when your daughter was to be returned to you. Consider going to the police station with a copy of the order, and asking to speak with the officer in charge, and try to get them to explain why they will not do a civil standby.  (It’s very important that you show them the order, and that the order be highly specific so that it is very clear that your daughter is supposed to be with you at the time that you are requesting the civil standby.)  If your order is specific, and it is clear that your daughter is supposed to be with you, and your ex is keeping her, and if the police will not do the civil standby, try going to the county sheriff’s department.  If all else fails, have your attorney file an emergency motion with the court as soon as possible and get a court order ordering that your daughter be returned to you.



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Author: House Attorney

A house attorney has answered this question.