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    sfn8tive's Avatar
    sfn8tive Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Oct 22, 2009, 09:29 AM
    Custodial parent moves out of state without consent from the non custodial parent
    What actions can a non custodial parent take if the 2 parents have court ordered Joint Custody, and the Custodial parent moves out of state without permission? This happened to my brother, he went to pick up his son for his weekend visitation and to his surprise, the mother had completely moved out of the apartment and pulled him out of school.

    Is this a felony?

    My brother lives in California.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 22, 2009, 09:32 AM

    No, it's not a felony but it probably IS a violation of the Court Order.

    Go back to the Court that issued the custody order and request that "she" be held in contempt.

    File for an emergency hearing and demand that the child be returned.

    I very much doubt that the Police will get involved but "he" can always try.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #3

    Oct 22, 2009, 10:14 AM

    Depending on how the mother plays it, it could become a felony. Right now its just contempt of court. If she hides the child, refuses to return, etc, it can become parental kidnapping.
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