QUESTION
Is my brother able to put my child on a plane at the request of my estranged spouse without my permission?
Asked on Nov 22nd, 2014 on Child Custody - Nevada
More details to this question:
My 13 year old son wanted to spend the school year with his uncle. When my brother decided he was too much to handle, rather than send him back to me, he sent him to my estranged spouse. I had physical custody for 4 years and there is no court ordered custody. I told my brother to send him to me and that he did not have permission to put him on a plane to Minnesota but he sent him anyway. He would not tell me where he was so I could go get him before he put him on the plane. Is this legal?
1 ANSWER
"Able"? Well, as it apparently happened, the technical answer is "yes." You appear to actually be asking what you can do about it. Insufficient details are provided to do a full analysis, but an initial question is jurisdiction. You do not say how long the child spent with his uncle, or who lived where (in what State) during and prior to that time, for how long. All of that is relevant to figuring out who can do what, and where it must be done.
First, create a timeline going back to the birth of the child to answer that question (a guide for doing so is posted on http://willicklawgroup.com/consultation-policies/. Then consider substantive jurisdiction, to figure out in what State you need a good Family Law specialist. A primer is "The Basics of Family Law Jurisdiction" posted at http://willicklawgroup.com/child-custody-and-visitation/. A lot of other useful information is posted there as well.
Then get to a well-informed family lawyer in the appropriate place, and do so soon -- you are going to require a more detailed analysis, and evaluation, than can be done by email.
Answered on Nov 22nd, 2014 at 2:34 PM