WomensLaw serves and supports all survivors, no matter their sex or gender.

Hotline

Custody & Kidnapping

How will a judge view one parent withholding the child from the other parent?

I can’t speak to how STATE judges generally deal with this issue - however, if you can connect with an attorney in your county who litigates custody cases, s/he may be able to give you an opinion on this - here is a link for lawyers in STATE, free and paid: LINK

In general, when one parents is keeping a child from another parent, there may be many factors that are involved, which may affect how a court views the situation. For example, if there is documented abuse of the parent or child and the parent fears for his/her safety, perhaps this may be a factor considered by a judge. Alternatively, if there is a history of one parent using the child as a pawn or to control the other parent and that parent is withholding the child, perhaps this may be a factor a judge considered. Again, I cannot speak to whether or not a judge in your state may consider either of these factors mentioned or how a judge may view your particular situation - talking to an attorney who can evaluate your whole situation is generally the way to get this type of advice.

I also want to link you to our custody information in STATE in case you are in a custody case or planning one: LINK

© 2008–2024 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.