[mdbennett84]

Currently I have joint custody with my ex, she just told me via text on Monday she is moving from our city in Indiana to Michigan, no address given, not even what City. Today is Friday I was notified by my ex she wants our daughter on Sunday at 6pm according to what she is telling me she will be in town packing and will keep her on her scheduled days, however I do not trust her and according to what she is posting on face book she has plans to return to Michigan on Sunday after she picks up our daughter. My fear is she will leave the state and I will never see my daughter again. I have called the local law enforcement and they tell me she is the mother and can do whatever she wants to do, but I keep reading new laws on the internet that state she must have a court order before she can take our daughter out of the state of Indiana. So what is the true law? What do I need to do to keep my daughter with me and the only family she truly knows?

[cdad]

Is your custody arrangement court ordered ?

[ScottGem]

Don't rely on "local law enforcement" for legal advice. The law basically says that both parents have equal rights to a child. However it also says that no one can defy a court order.

So the thing you left out here is what current court orders exist. You refer to "scheduled days". Are these days by court order? If so, if she does anything that will interfere with court ordered visitation that will be against the law.

If she takes the child and does not tell you where she is, she will be guilty of parental kidnapping.

How old is the child?

[mdbennett84]

Yes our joint custody is court ordered. I also need to add that I have a court date set for next month and she has been served with the papers I am requesting a modification to current order for visitation, reimbursement of expenses we are to split 50/50 and requesting full custody. Child is almost 2 yrs old

[cdad]

If the visitation is court ordered then your best to stick to it at this time. If she flees with the child and crosses state lines or attempts to conceal the child then that will be parental kidnapping. The sad part of it is that you have to allow it to happen before she can be charged with it. So at this time stick with what the court orders say until you get a modification.

[ScottGem]

What cdad said. When are you next supposed to have the child?

[Fr_Chuck]

I would check with your attorney and ask them. It may be, he can file an emergancy order, to order her not to leave with child.

[mdbennett84]

Thank you all for the information, even though it isn't what I want to hear I needed to know what I should do. I have talked to my attorney and he is working to get this set up ASAP just sad it wasn't completed before she came back to town and is threating to leave with my daughter. Our current order states we share every other weekend and split the week every two days. This is why she wants her at 6pm Sunday, this is when I am sure she will leave to go back to Michigan and then I will have no clue where they are. Very irritating she has never wanted her at 6pm on Sunday until now. I have kept all kinds of notes and from the time we divorced she has never once kept her an entire weekend I have always picked her up early and she has never wanted her at the end of m visit until now. Thank you all again for the information.

[ScottGem]

Do you really think she can disappear without a trace?

Some other suggestions. Hire a PI to stake out her home Sunday evening. Have her followed if she takes the child. If she leaves the state swear out a warrant.

If she does bolt, have an amber alert issued.

Does she have a job or career? Does she have credit cards in her name? Do you know from what lender? These are all things you can do to track her. It is really not that easy for someone to disappear totally. Especially if you can get the police looking for her.

[mdbennett84]

Do you really think she can disappear without a trace? No not totally actually not the brightest bulb in the pkg....

Some other suggestions. Hire a PI to stake out her home Sunday evening. Have her followed if she takes the child. If she leaves the state swear out a warrant.

How do I do this?

If she does bolt, have an amber alert issued.

Yes but if she is the mother and it is her visitation time I can't do anything about it, right? , isn't that what I am going to get from local law enforcement? Until it is my actual time to visit?

Does she have a job or career? No clue...
Does she have credit cards in her name? Didn't when we were married.
Do you know from what lender? Yes, but if she doesn't leave a forwarding address how will they even find her?

These are all things you can do to track her. It is really not that easy for someone to disappear totally. Especially if you can get the police looking for her.

But if she is in MI won't the local police officers there follow their laws and not what has already been ordered by the court in IN?

[ScottGem]

But if she is in MI won't the local police officers there follow their laws and not what has already been ordered by the court in IN?

First, yes, MI will honor court orders issued in IN.

Second, once the court issues an order you can use that to swear out a warrant. Ask the court clerk or your attorney.

Third, Yes, you may have to wait until it is your time, go to court, have her cited for contempt of court then issue the amber alert.

Fourth, I'm not concerned with her creditors finding her to bill her, but if she uses the cards, then can track where. Like I said, it is not easy for a person to completely disappear, especially with a child. For example. You can have a picture of the child (make sure you have current pictures) distributed to every pediatrician in MI.

[cdad]

What does your court papers say about moving or leaving the state? All this may be a tactic to upset you and cause you to do something irrational and allow her an advantage.

As far as swearing out a warrant or anything you would contact the police and they will give you instructions on what you have to do as well as they are the ones to issue an amber alert.

[mdbennett84]

Again Thank you all for your replies I appreciate all the information it is very helpful

[ScottGem]

Again Thank you all for your replies I appreciate all the information it is very helpful

Good luck and please keep us posted.