I have a 10 month old son that lives with his mother in Oceanside, California. I live in 29 Palms, California about 3 hours away. We are both active duty in the military. We recently had a child support case. I filed a motion for joint custody because she would not allow me to see my son. I have been trying to see and spend time with my son. There was a time that she cut all ties with me and wouldn't respond to my text messages when I was simply asking how my son was doing. She also wouldn't answer or return my phone calls. We are awaiting a court hearing and mediation to establish court ordered visitation and a custody agreement. She is trying to send my son to Arkansas with her mother before our court hearing with the justification of financial issues. I told her that my son can come stay with me. She refused and said she has been his care giver since he was born. But she has been alienating me for the last few months. My question is, can she take my son to a different state without my permission? Is this legal and what can I do about it?

If there is a pending custody case, she will be required to adhere to the court orders. Sending your son to Arkansas is not going to sit well with the court and they may order you primary custody. The court will see the move as a way to get around the court and not like it.

While she can move, the court will, in all likelihood, order her to return the child.

Can your attorney get an emergancy order to stop the move ?