Q: My sons father wants to take him for a weekend and I am nervous he will not return him as promised. We currently do not have an active custody battle but I plan on filing a petition for sole custody on Monday. In the event he chooses not to bring him home, before I get to court, do I have the right to get him back or will police most likely tell me he has equal rights and can keep him? Please help I am so scared he won’t bring him home out of spite and there will be nothing I can do!
A: If you have that concern, then you’re best advised to have him execute a quick parenting agreement which captures the fact that the child resides with you and captures his access time. Though this doesn’t necessarily take the place of a court order, the police will most likely honor same. Schedule a consult with a Westchester Child Custody attorney for a full assessment.