I have two children. I was never married. I have joint custody, but primary residence. The mother is moving to Pa this month. Can I file for abandoment and full custody ? I'm afraid she will take the children on a visitation day and try to keep them in PA.

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Originally Posted by Kinggeorge

I have two children ., I was never married. I have joint custody, but primary residence. The mother is moving to Pa this month. Can I file for abandoment and full custody ? I'm afraid she will take the children on a visitation day and try to keep them in PA.

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You didn't say what state you are in, but it is unclear when it is that you are afraid she will take them. After she moves?

In any rate, if she exercises visitation and fails to return them at the proper time, she can be found to be in contempt of court. Presumably an arrest warrant would be issued, and if she is found (in Pennsylvania, or another state) she could be extradited.

And no, her moving to another state is not, in itself, what you call "abandonment". In most states, by-the-way, abandonment has virtually nothing to do with child custody. It is leaving a child without proper supervision or food, clothing, that sort of thing; and it's a criminal matter.

We live in New Jersey. Thank you. She had primary residence but gave it up because she couldn't handle them. Child support stop, I did not request it from her.