QUESTION
What is the penalty for moving a child out of state when there is a court order and joint custody?
Asked on Mar 30th, 2014 on Child Custody - Nebraska
More details to this question:
My ex took my son out of state eight months ago. I finally tracked her whereabouts. My son has not been enrolled in school so I think she is hiding. What can I do and what can she be charged with?
5 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Contempt of court, perhaps kidnapping.
Answered on Apr 02nd, 2014 at 6:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I have to assume that she is violating a court order presently in effect. Generally what will happen in such a case is she will lose custody to you. You'll need an attorney to counsel you and prosecute case after all of the details are understood.
Answered on Apr 02nd, 2014 at 6:27 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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You would need to request that the Court award you physical custody. You could also ask the Court to order that the County Child Abduction Unity assist in retrieving the child.
Answered on Apr 02nd, 2014 at 5:00 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can file a motion asking the court to require that the child be returned to your state immediately and that you be granted sole legal and physical custody.
Answered on Apr 02nd, 2014 at 4:59 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If she violated the parenting plan and absconded with the child, you can file a habeas corpus action. This is complicated, so get a lawyer. She will potentially lose time with the child and may be criminally liable depending on what the prosecutor does.
Answered on Apr 02nd, 2014 at 4:59 PM