QUESTION

In your opinion, what are the chances of a father getting custody when mother is in contempt of custody order?

Asked on Aug 07th, 2012 on Family Law - Virginia
More details to this question:
I was rewarded shared custody, weekly, some holidays, and summer visitation of my 2 year old son; mother has physical custody. I dropped my son off at mother''s home on July 8th, and everything appeared to be fine. Four days later, 1 hour before I was to begin another visitation session, I recieved an email from the mother stating she and my son have moved out of state. I went to her home only to find it completely empty. Mother has ignored all form of contact from me and was in the process of being evicted from her home for failure to paying rent. Also, in an attempt to keep my son hidden, she did not have her mail forwarded, and attempted to have his medical records hidden from me. There''s no history or claims of abuse between us or the child. Mother wants me out of the picture. I can not get her in front of a judge for a contempt of court charge because she''d have to be served personally; however, I was able to file for custody and have an upcoming hearing.
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1 ANSWER

Adoption Law Attorney serving Easton, PA at Ellen S. Kingsley
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Parents are not permitted to move out of state without the other parents' permission or without a court order.  But, you will need to find her and your son in order to get custody.  You should be able to get an emergency order requiring her to either return with your son or for you to get full custody until a hearing can be held.  See an attorney, if you haven't already.
Answered on Aug 07th, 2012 at 6:05 PM

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