Legal Question in Family Law in Montana
I have been battling my son's father for custody for my son. he took him two summers ago and kept him we went to court the judge said he should stay where hes at until we go to court nothing was every decided no paperwork signed or nothing. My question is if I go get him and bring him to my house which is in another county can i file a parenting plan in this county and would i get in trouble\
1 Answer from Attorneys
The judge must have issued a written order about your son staying with dad until mom and dad bring the matter before the proper court. If you go get your son without dad's written permission or the court's okay, you will probably be found in contempt of the court order which, of course. will go against you in a custody proceeding. Waiting 18 months to bring bring residence matter before the court is another issue you will have to explain. The court will have a legitimate reason to think dad's place is fine because you did not file any court documents to have the child returned to you or for you to have regular parenting time with the child.
You can file a parenting plan in your county. Make your petition good and thorough (it's true -- first impression is important).
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