Ask Experts Questions for FREE Help !
Ask
    trippyheather's Avatar
    trippyheather Posts: 6, Reputation: 1
    New Member
     
    #1

    Aug 13, 2011, 11:14 PM
    Possible repercussions for a custodial mother to move out of state
    Father has history of domestic violence, drugs/drinking, and exstensive criminal history but his request was still granted.
    trippyheather's Avatar
    trippyheather Posts: 6, Reputation: 1
    New Member
     
    #2

    Aug 13, 2011, 11:48 PM
    Custodial mother moves OOS against court order??
    Father is in Pennsylvania and is domestic violence, criminal and addict but request to not allow custodial mother to move to Florda from Maryland was granted. What can the legal reprocutions be? What can be done to avoid these after move occurs?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #3

    Aug 14, 2011, 12:22 AM

    Please do not open several threads asking the same question.
    What does REPROCUTION MEAN?
    trippyheather's Avatar
    trippyheather Posts: 6, Reputation: 1
    New Member
     
    #4

    Aug 14, 2011, 02:27 AM
    The first one didn't show the entire question. Reprocussion... consequence
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Aug 14, 2011, 03:16 AM
    Quote Originally Posted by trippyheather View Post
    The first one didn't show the entire question. Reprocussion...consequence
    For future reference, don't be in such a rush to hit the submit key. Proof your post and make sure you provide enough info. And if you feel you need to add more, use the answer options to add to the thread. I've merged your threads for you and edited the title.

    If the court has issued an order denying the move, then to move would put the mother in contempt of court. The court could issue a warrant for her arrest and take the child and place it with the father or in foster care.
    trippyheather's Avatar
    trippyheather Posts: 6, Reputation: 1
    New Member
     
    #6

    Aug 14, 2011, 03:29 AM
    When could the warrant be issued? A move from Maryland to Florida they would pay for the police to come and retrieve my daughter?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Aug 14, 2011, 03:39 AM

    A warrant could be issued as soon as the father goes to court to report the move and request it. Whether the PA courts would pay the costs is unknown but they wouldn't have to. They issue the warrant and the father could go to Florida show the warrant to the police there who would have you arrested and turn the child over to the father. Whether PA decides to extradite is a another question.
    trippyheather's Avatar
    trippyheather Posts: 6, Reputation: 1
    New Member
     
    #8

    Aug 14, 2011, 03:55 AM
    Our case is in Maryland. He lives in PA. He has an active warrant in Florida. Maryland only extradites in surrounding states. So it would be the father's responsbilty to pay for and execute police action or the judge's who made the order? The judge threatened that if I go she "has seen it happen before" for the cops to come down and retrieve a child and to "not test her"...
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #9

    Aug 14, 2011, 04:14 AM
    Quote Originally Posted by trippyheather View Post
    Our case is in maryland. He lives in PA. He has an active warrant in Florida. Maryland only extradites in surrounding states. So it would be the father's responsbilty to pay for and execute police action or the judge's who made the order? The judge threatened that if i go she "has seen it happen before" for the cops to come down and retrieve a child and to "not test her"...
    Ok, if you try moving with the child and it is against a court order then he could call the police and they can issue a amber alert for kidnapping. If you have crossed state lines then it is a federal offence. You will go to prison and your child will be raised by someone else. Don't play games with the system as it bites back.
    trippyheather's Avatar
    trippyheather Posts: 6, Reputation: 1
    New Member
     
    #10

    Aug 14, 2011, 04:21 AM
    All due respect how could it be kidnapping if I have full sole legal custody? We were never married and he just now got supervised visitation 6 years into her life.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #11

    Aug 14, 2011, 04:26 AM
    Quote Originally Posted by trippyheather View Post
    All due respect how could it be kidnapping if i have full sole legal custody? We were never married and he just now got supervised visitation 6 years into her life.
    It comes down to your direct violation of a court order. That's how it changes over into kidnapping. It would be a willful act as you have already been told by a judge not to move.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #12

    Aug 14, 2011, 06:12 AM

    Quote Originally Posted by trippyheather View Post
    All due respect how could it be kidnapping if i have full sole legal custody? We were never married and he just now got supervised visitation 6 years into her life.
    Here's the thing. You were issued an order by a court not to move. If you defy that order, he goes to court and tells the court that you disappeared. The court then revokes your custody and issues a warrant for your arrest. An Amber Alert is then issued. The Feds then get involved. You are found and then arrested.

    My advice to you is to get an attorney (I suspect you did not have one (which is probably how he got visitation) and fight for the right to move.

    Quote Originally Posted by trippyheather View Post
    The judge threatened that if i go she "has seen it happen before" for the cops to come down and retrieve a child and to "not test her"...
    I didn't see this before. You are seriously considering defying a judge who made such a threat? Do you really want to lose your child?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Unmarried Mother wants to move out of State, Father not on because [ 1 Answers ]

Asking a question for a family member. Currently, she and child's father have been living together for 6 years and have a 5 year old daughter. He isn't on the birth certificate, but has been in the home since her birth. In the total time of the child's life he has failed to hold a job for longer...

Can custodial parent move out of state [ 1 Answers ]

I have primary custody of my children, their father has seen them only one weekend in the past two months. Can I move out of state, or am I bound to stay in the state I am in?


View more questions Search