So You Proved Your Right of Possession – Now What?
So You Proved Your Right of Possession – Now What? – Over the last two blog posts, we’ve discussed superior right of possession of a child and all the steps involved with that process. But what happens when you win or lose? What are the next steps?
If you win
If the court orders that the child be returned to the person who petitioned the court in the first place, the process should be as simple as the court detailing out the terms to the respondent. Basically … here’s the place, date, and time to return the child to the petitioner. End of story.
Now, if the respondent interferes with those new orders by either not bringing the child to the court or refusing to give up possession to the rightful parent, the court can request that a sheriff go get the child and return the child to the court.
If you lose – So You Proved Your Right of Possession – Now What?
As stated in our previous blog, just because you think you have superior right of possession to a child doesn’t mean it’s true in the eyes of the law or that there aren’t extenuating circumstances. It may be that the respondent does have every right to the child, or the court feels obligated to rule in favor of the respondent even if the petitioner does have true superior right of possession. The court will want to hear both sides to the argument and have all evidence presented.
If the petitioner does not have superior right of possession, the court simply denies the return of the child.
If the petitioner does have superior right of possession but the court rules in favor of the respondent, the court must state its reasons in writing.
Those reasons can include, but are not limited to:
- The petitioner willfully gave up control of the child for at least six months
- There is a question of serious harm to the child
- The petitioning party is not the child’s parent
- Another court order governs possession of the child
To read more about this, refer to our blog on how to enforce superior right of possession of a child and last week’s blog on what to do if you are the respondent in a return of child case.
It is always a good idea to talk to a lawyer about your situation. Give Nelson Law Group, PC a call. Our friendly staff is here to help you in any way we can. For more information about Brett A Nelson, click here.