Worried this will hurt my husband in court.

[stepmomof1]

My stepdaughter is 14 and is wanting to live with her dad(NCP).  She has already spoken to the judge and a new court date is set for July.  Sunday when he took her home from visitation,  my step daughter got in an argument with her mom.  So, mom then calls my husband 3 times for him to come get her.  When he arrived my step daughter was standing out side with 2 bags of cloths.  When they got home my husband called 911 just so the situation could be documented.  The next day, he drove step daughter to school and contacted his attorney.  His attorney told him not to give my step daughter back to mom unless she showed up with the police and then they would file for an emergency change of custody.  Mom has already called to have her back but, has made no attempt to come here and get her. Husband picked stepdaughter up from school. The court will be in the state of Ohio. So, my question is:

1. If my husband doesnt take my step daughter home or give her back if she comes to get her, can he get in trouble since she has sole custody?
 
2. Will kicking her daughter out hurt her chances of custody remaining to be with her?

Thanks so much

[socrateaser]

>1. If my husband doesnt take my step daughter home or give her
>back if she comes to get her, can he get in trouble since she
>has sole custody?

Depends on the exact text of the order. Mom kicked daughter out. Now, Mom has called to get her back. But, as you well know, an unrecorded phone call may as well have never happened, so until Mom actually shows up at the front door with credible witnesses, or starts writing letters, there's really no useful evidence to prove that Dad is still not operating on the last obvious action, i.e., Mom kicked daughter out.

>
>2. Will kicking her daughter out hurt her chances of custody
>remaining to be with her?

I think your attorney may be about to step in it. I don't know that I would wait to get the emergency custody order. If you wait, and the police show up, then they will remove the child by force, and your emergency order will be a waste of time, because custody will be back with Mom. On the other hand, if you file now, then Mom may appear and say it was all just a big misunderstanding, but, the court will at least be alerted to the problem, and it's possible that that Mom may not show up, and you'll get custody and establish a new status quo.

So, on balance, I'd be trying to get that ex parte order granting temp custody now.

[stepmomof1]

Well, DH just talked to his lawyer again and my step daughters mom is taking him to court Thursday to get her back.  I think if im telling you right DH attorney is filing an  motion to change custody.  

1. Do you think it would help if DH took pictures of sd cloths that she brought over here?  

2. Will the judge allow step daughter to speak about what happened as a witness that DH didnt just take her?

[socrateaser]

>Well, DH just talked to his lawyer again and my step
>daughters mom is taking him to court Thursday to get her back.
> I think if im telling you right DH attorney is filing an
>motion to change custody.  
>
>1. Do you think it would help if DH took pictures of sd cloths
>that she brought over here?  

Couldn't hurt, but probably doesn't matter.

>2. Will the judge allow step daughter to speak about what
>happened as a witness that DH didnt just take her?

 Usually, I would argue strongly against this option, but, under the circumstances, I think having the child testify as to what occurred is warranted.

[stepmomof1]

Thanks so much for your help I am sure EVERYONE here appreciates you.  I'll update you Thursday if your interested.