My ex-husband has moved out of the state. We share joint custody of our 2 children. I have filed a custody modification through the court but have not heard anything yet. I was wondering if he can keep the children in another state. He is taking them for the holidays for 5 days. The children resied with me and go to school here where I am. What can I do if he decides he os going to keep them?

If he decides he is going to keep them you go to court and have him charged with contempt of court and thrown in jail. He doesn't just get to decide to take them away.

In your current custody papers - does it specify that the children reside with you, although you have joint custody? That your home is their primary residence?

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Originally Posted by NowWhat

In your current custody papers - does it specify that the children reside with you, although you have joint custody? That your home is their primary residence?

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Yes it does say that they reside here and this is there primary home. I am still in the 30 day waiting period to see if he is going to contest this.

Since it was HIS choice to move, he's on shaky ground. He can request a modification of the visitation schedule, but it has to be filed in the same court that issued the original order.

If he does it right, there is a good chance he will get a modification that allows the children to spend part of the summer and alternate holidays or something like that. If he doesn't return the children he's in contempt of court and any attempts he makes to get changes will be viewed skeptically by the court.

What is the current visitation schedule?

Then I would think that he could not just keep the kids because he wants to. As it has been said, he would be in contempt of court.

Has he given you any indication that he was planning on keeping the kids?

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Originally Posted by NowWhat

Then I would think that he could not just keep the kids because he wants to. As it has been said, he would be in contempt of court.

Has he given you any indication that he was planning on keeping the kids?

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If there are no current orders it may not be contempt of court. We are still waiting for the OP to come back and confirm that.

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Originally Posted by mthof2

yes it does say that they reside here and this is there primary home. I am still in the 30 day waiting period to see if he is going to contest this.

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Is this not confirmation that the current custody papers say that the children do reside with their mother and that her home is the primary residence?

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Originally Posted by NowWhat

Is this not confirmation that the current custody papers say that the children do reside with their mother and that her home is the primary residence?

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No its not. I believe those to be the papers currently filed and awaiting action. That's what we need to find out. At what stage is all the proceedings.

Hopefully the op comes back soon and answers a few things.