QUESTION
My ex is the mother of my three children we have a custody order she violated she moved out of state, what can I do?
Asked on Aug 28th, 2012 on Child Custody - Louisiana
More details to this question:
The mother of my three children has married and moved them to an unknown state. She took them two years ago. We do have a custody agreement but because of expenses, I have been unable to hire an attorney. I have Wed and every other weekend visits currently that I am not getting. What actions should I take?
16 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Hire an attorney.
Answered on Jun 13th, 2013 at 12:33 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an attorney.
Answered on Jun 13th, 2013 at 12:30 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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seek to modify the old plan asap
Answered on Sep 05th, 2012 at 10:20 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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You must locate her and then file in Court to have her bring back the kids to the State or allow you to go where she is and take custody of the children yourself.
Answered on Sep 05th, 2012 at 10:10 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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First, you will have to find her. Then you can file a motion with the court for her violating your parenting time and get her found in contempt. Then, you will have to try and enforce your court order in the state where she lives. You will probably need an attorney to assist you.
Answered on Sep 05th, 2012 at 10:09 PM
Dennis P. Mikko
You could seek assistance from the Friend of the Court to enforce the custody and parenting time provisions of the court order. Her removal of the children from the state without court permission might be viewed as parental kidnapping. You may wish to discuss this matter with law enforcement and/or the prosecuting attorney.
Answered on Sep 05th, 2012 at 10:08 PM
Steven D. Dunnings
If you can't hire an attorney, nothing. The longer you take to do something the worse you will look in front of a Judge.
Answered on Sep 05th, 2012 at 4:14 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You should have taken action as soon as she told you she was moving or as soon as she was gone if she gave you no notice. Now so much time has passed that the court will not order her to come back. You should file for a modification of the parenting plan, based on their new location and establishe a schedule that involves visits there and here. Obviously the existing schedule can't work if she's out of state. The transportation costs are required to be shared by both parents on a pro rata basis, the same ratio as child support.
Answered on Sep 03rd, 2012 at 2:38 PM
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The longer you wait, the harder it's going to be to enforce. Because what she did was 100% wrong. You said expenses were tough. I understand that. But with most people, it's a matter of priorities. If you make seeing your children a priority, you WILL be able to find legal counsel to help you. If not, then just accept the fact that you have placed your children on a lower priority than other expenses, and move on.
Answered on Sep 03rd, 2012 at 2:38 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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At this point you will have to find her first and the court may say that evidence is where she is now even though she violated orders and transfer the case to where she lives.
Answered on Sep 03rd, 2012 at 2:38 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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The Washington Relocation of Children Act, RCW 26.09.405 et. seq., gives you the right to seek sanctions, including contempt and attorney fees, against the mother for moving the children in violation of the statute. However, having delayed for 2 years, the court will not be very sympathetic to your position now. From the court's perspective, if you have not acted promptly to protect the rights of you and your children, the court is not inclined to do so.
Answered on Sep 03rd, 2012 at 2:37 PM
You may need to file a motion for an order to produce child and/or an order to show cause why she should not be held in contempt. Of course, one would need to see the custody order to determine whether she is indeed in violation thereof.
Answered on Sep 03rd, 2012 at 2:37 PM
Her move without notice is a Relocation Act violation. You should contact a lawyer immediately to file the appropriate contempt & objection. The longer you wait the more it will appear you waive any objection to the move.
Answered on Sep 03rd, 2012 at 2:34 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need an attorney to help you with this. You might find some forms at flcourts.org which you can use.
Answered on Sep 03rd, 2012 at 2:34 PM
Dave Hawkins
First you have to locate them , next you will need to hire an attorney in the state where they reside as well as Washington State. Waiting 3 years to do something may be fatal to your attempts.
Answered on Sep 03rd, 2012 at 2:33 PM
1 Award
File a rule for contempt and immediate return of the children to their former city and state.
Answered on Sep 03rd, 2012 at 2:32 PM