Check out some similar questions!

enoughofhim · Feb 14, 2011, 10:37 PM

I have an 11 yr old daughter and her father and I have a parenting plan in effect. We live 2 states away from each other but I am really tired of the games he plays. It seems I let him get away with too much. He took her for Christmas break and I was suppose to meet him half way to pick her up but my car broke down. I told him if he brought her all the way I would help him with the gas but he still has her. I even requested that he send her on a plane through the unaccompanied minor program but he refuses. He says he doesn't feel comfortable putting her on a plan. I mean come on its only 3 hrs. She hasn't been in school in over a month. She needs her education and he doesn't seem to care but I can't be traveling 2 states away especially since I also have a 7 month old which makes traveling even harder for me. Please help I don't know what to do.

ScottGem · Feb 15, 2011, 05:03 AM

I don't know what you mean about transferring the case. That doesn't apply. You are the custodial parent and he is keeping the child beyond what the parenting plan calls for. Where court issued the plan? As long as one parent is still in that jurisdiction, then that court covers.

What you need to do is go to court and get a contempt order for him for not returning the child. And 11 is not too young to fly by herself under the unaccompanied minors program.

enoughofhim · Feb 15, 2011, 12:45 PM

By transferring the case I meant is there any way I could have the case transferred to my new state of residence? I have lived here with my daughter for about a year and a half.

ScottGem · Feb 15, 2011, 01:33 PM

Does the father still live in the jurisdiction of the original order?

enoughofhim · Feb 15, 2011, 02:33 PM

He still lives in that state but I'm not sure about the county. He doesn't have a permanent address. He is always going back and forth from his mothers house to his sisters house in two different counties. He moved since the parenting plan was established and hasn't reported the change. So I'm not even sure of his permanent address.

JudyKayTee · Feb 15, 2011, 02:52 PM

Pick one - I'd pick his mother's - and "assume" that's where he lives.

In most cases the person responding to the paperwork is not expected to be inconvenienced so the matter would remain in the original State/County - IF that is where the responding party resides.

AK lawyer · Feb 15, 2011, 03:38 PM

Originally Posted by enoughofhim

By transferring the case i meant is there any way i could have the case transferred to my new state of residence? ...

No. Contempt of court means contempt of the court which issued the decree. He is not in contempt of some court in your new state of residence is he? No.

Originally Posted by enoughofhim

He still lives in that state but I'm not sure about the county. ...

Doesn't really matter. File your contempt motion in the court, and in the case, where you got the original custody decree.