QUESTION
What should I do if my wife took my children to another state without my consent?
Asked on Jun 15th, 2015 on Child Custody - Nebraska
More details to this question:
I filed a missing persons report with the police and they have not responded. What should I do besides that if my wife took our 6-year-old twins over 600 miles away without my consent?
6 ANSWERS
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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If a divorce or custody case has been filed and served, or if there are custody-visitation orders that have been ordered a court order to return the children may be obtained. In some cases the District Attorney may help to locate and return the child(ren). If there has not been a divorce or custody case filed yet, either parent may take the child(ren) to another state. Failure to IMMEDIATELY file a case to return the child(ren) may result in the other state acquiring jurisdiction over the child(ren) to your peril.
Answered on Jun 16th, 2015 at 4:30 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Check your custody orders (if you have any) on file for any permission/prohibition. Ride the police for child abduction. Dig up evidence. Consider getting a private attorney and pursuing a child locator order to use on the D.A.
Answered on Jun 15th, 2015 at 7:21 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If your marriage was intact, she likely had the right to travel with the child where she wished. Family courts entertain petitions for custody and placement, if you don't want to go the whole route and seek a divorce. Another possible route is to hire a lawyer in the state where she is, and see if s/he is willing to file a write of habeas corpus against your wife. But in any event put first things first and consult an experienced family law attorney in your area.
Answered on Jun 15th, 2015 at 4:03 PM
Bruce Provda
Who has custody? Is it joint custody or does she have sole custody? Are you still married or divorced? These are some of the things you've need to discuss with an attorney.
Answered on Jun 15th, 2015 at 4:02 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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If you do not have any Custody Orders from the court yet, you need to file your case and get her served. If you do it soon, the children's residence will likely still be where you are and she will be required to come to your state and county for the court orders instead of you having to go where she will have established a new residency. Time is running, you want to get this going before she has more reason to keep them where they are (they have become accustomed to it, they are enrolled in school there, etc).
Answered on Jun 15th, 2015 at 3:35 PM
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Apply for an ex parte custody order and consult with an attorney right away!
Answered on Jun 15th, 2015 at 3:31 PM