My ex-wife took the kids on a two-week vacation during her allotted visitation, but now she says she is not returning them when their trip is over and the kids want to live with her now.
What should I do? Do I contact the police? How can I get my children brought back?
This answer only includes general divorce help for men since I am only licensed to practice in Colorado and am thus unable to provide any legal advice on divorce.
If there is no valid child custody or parenting time arrangement, then you can file with the court and request that one be implemented. The fact that the children state that they now want to stay with Mom is not necessarily dispositive of what is in their best interests.
For decisions involving children, the courts will consider what is in the best interest of the child. Each state has its own statute governing what factors it will consider to be the best interest of the children. Although the desires of the children may be considered they are not necessarily dispositive.
With regards to contacting the police, depending on the statute governing parental kidnapping in your, and depending on what, if any, custody order has been entered by a court, you may want to file a police report.
I would recommend speaking with an officer if she does not return the child by the time her authorized parenting time is over to see what recourse you may have.
Consult with an attorney in your jurisdiction for specific legal advice on divorce as I have only provided you general information. Cordell & Cordell has men’s divorce lawyers located nationwide.