My husband and I are in the process of a divorce and we have a separation agreement… However until the divorce is finalized (has been filed) I do not have Court ordered custody of my kids… In the sep. agreement it states I have sole physical custody. My STBX has taken my oldest daughter out of school twice in the past two months and says he will refuse to return her to me…Question is? Is there something I can do so that I can get my daughter back from him concsidering I dont have Legal Custody until the divorce decree is entered? SOmehting that doesnt require an attorney or a big filing fee?
I suggest you file suit for custody. Your agreement can be used to show that your having custody is what both of you agreed to as it is in your daughter’s beset interests.