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rileywilliam · Oct 23, 2007, 05:49 AM

If the parent who has sole custody of the child continues to move further from the non-custodial parent who is responsible for the dropping off and picking up of the child for visitation? And what recourse is there for the non-custodial parent if the other refuses to assist?

ScottGem · Oct 23, 2007, 05:59 AM

This depends on your visitation agreement. If there is a court ordered visitation agreement and the custodial parent wants to move far enough that it affects the non custodial parent's ability to visitation under the agreement, then the custopdial parent has to get the permission of the non custodial parent or the court to make the move.

If they move without obtaining such permission they may be considered in violation of a court order. The non custodial parent can then petition the court for modification of the visitation agreement that will assign responsibility for delivering the child.

rileywilliam · Oct 23, 2007, 06:05 AM

During the period of 6/1/06 to 8/20/07 I was given physical custody of my minor child by his mother. During this time she maintained legal sole custody but left me with all the day to day care taking duties and the minor child attended the school in my neighborhood. Her involvement during this time was limited to about one weekend visitation a month with the minor child and an occasional phone call. Although her access to the child was in no way limited by me. During the week of August 20th his mother took the minor child to what she said would just be the weekend. The weekend past and the child was not returned. I was then notified by the minor child that his mother had registered him for school by her and that he would be living with her. It was obvious he was under duress and had possibly been coached. At no time was I informed by his mother as to what her intentions were. Since then my visitation has been limited and phone contact almost nil. What recourse do I have? And has she broken any laws?

ScottGem · Oct 23, 2007, 06:14 AM

Its not a good idea to start multiple threads with essentially the same question so I combined your threads into one. Please use the reply option is you have any follow-up.

Some of this does not make sense. Sole legal custody is unlikely to be granted is the other parent has visitation. The intent of sole legal custody is to remove the other parent from making any decisions with respect to how the child is reared. If the child was living with you then I can't understand how she had sole legal custody.

As for her giving you physical custody, was this done through the court or did she just say here's our kid you take care of him? If the court awarded her sole physical custody and she informally let you take care, then she has broken no laws. However, if you had court sanctioned physical custody, then she is guilty of kidnapping.

So, before we can advise you of your next course of action, we need to know the true facts about the custody arrangements. It would also help to know details about the age of the child and how long you have been divorced, why she let you take care of the child etc.

macksmom · Oct 23, 2007, 06:51 AM

As Scott said... we need to know what the original court order stated.

If it is what I am thinking... the mother was awarded sole custody, with you having visitation. Then, during the time you mentioned... she dropped the child off with you, and left the child in your care (it would have been wise for you at this time to file for sole custody, but since you didn't her taking the child back broke no laws).

Now to address the moving issue... in most cases the visitation order prevents her from moving out of state. If she has not done so, again, she is not breaking any laws. But... her moving farther away and still expecting you to pick up and drop off the child is complicating the visitation order and you should take it back to court to get it revised to have you and the mother meet halfway for drop off and pick up.

You also state that your visitation has been limited. If the mother is limiting the visitation to something other than what is in the court order, she is in contempt of court... and you will need to file with the courts to hold her in such. This will also lay the ground work should you decide you want to file for sole custody.