QUESTION

What should I do if my baby's mom violated court order and took my baby out of state without my consent?

Asked on Jan 28th, 2013 on Child Custody - Idaho
More details to this question:
My babyโ€™s mom did not relinquished custody of my son as court order states from Thursday to Friday. I filed with cops then I found out she took my son out of state to PA without consent. She has turn off her phone throughout the weekend and still off, doesnโ€™t seem sheโ€™s coming back and I went to court but they gave me a court date for a month from today and Iโ€™m worried during that time she will disappear.
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5 ANSWERS

Criminal Law Attorney serving Lawrenceville, GA at Smith-Grimes Law Firm
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File a contempt for violation of the court's order. You may consider filing a Modification of Custody as well.
Answered on Feb 01st, 2013 at 3:25 PM

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Business Law Attorney serving Mount Pleasant, MI at Office of Michael Hyde PLLC
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Does she have primary physical custody and you have joint legal? It is not unreasonable for her to take the child out of state for a visit. However, if she did so when it was your turn to have parenting time, you need to inform your Friend of the Court case worker to ensure you get your make up time ordered. If you fear she has fled the jurisdiction and intends to disappear with the child you can bring an ex parte order to enforce the existing parenting time order and order her to return the child to Michigan. (you have to be able to prove your assumptions) Once the judge signs the order you can have it served on a sheriff in Public Attorney to have it served on her. It is also called a pick up order. Not all judges are willing to sign pick up orders.
Answered on Feb 01st, 2013 at 3:25 PM

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If you can't locate her ask the judge to order the Defense Attorney's office to find her and order her to bring the baby back. Or get a custody modification that gives you visitation with her bringing the baby back for visits or her paying part of your travel costs for visitation.
Answered on Feb 01st, 2013 at 3:24 PM

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Child Custody Attorney serving Charlotte, NC
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File for emergency custody or possibly contempt.
Answered on Jan 31st, 2013 at 7:02 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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File a kidnapping charge against her. This will alert other jurisdictions that she has your child illegally.
Answered on Jan 31st, 2013 at 4:27 PM

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