My son is trying to get custody of his children and his ex-wife has family connections in the Philippines, Canada, NY, and Boston. The woman is unstable and has threated to take off with the kids in the past. At this time they have joint custody so she has the chance to take off with them during "her time." She has the means to fly anywhere she wants. Is there any legal way to try to stop her?
2006-12-06 22:25:47 · 6 answers · asked by bingogradmom 3 in Family & Relationships ➔ Marriage & Divorce
Okay, my boyfriend was in a similar situation with his ex, she stayed within state, but she still moved 4 hours away. This is what we learned in hindsight. There is actually an ordered agreement about where the ex can move. If the ex decides they want to move then the non-custodial parent has right to custody of the children. NOW, that being said, there is no guarantee the judge will sign to those conditions, but it does happen. Try not to let the kids in on what is going on this will only stress and hurt them more, but do find an expert child custody attorney. Get the ball rolling and get it into court as soon as possible, file for an emergency change of custody. Be prepared to give reasonable explanation as to what makes you think she is about ready to flee. Threats are not good enough reason. She must actually be making plans and you must have proof. If you have proof and the attorney is still not willing to file an immediate motion with the courts then find another that is willing. Good Luck!!
2006-12-07 00:26:10 · answer #1 · answered by stacey h 3 · 1⤊ 0⤋
If they have legal joint custody, there is nothing he can do until she actually flees.....You can call your attorney or his rather and have the attorney advise you. I was in a similar situation and my X did flee with my kids. Because we had joint custody I had to go into court in the state where he resides and sue to regain my parental right to have primary custody, it was time consuming and expensive but I got my kids and now have sole custody.....I wish I could give you better advice. Who has primary custody> IE who do the kids ordinarily reside with? That makes a difference too. Best of luck to you...
2006-12-06 22:42:36 · answer #2 · answered by mlw6366 3 · 1⤊ 0⤋
being she has joint custody she has to have permission to leave the state with the children ,go to your sons lawyer and tell him/her that the mom is wanting to sever ties between the dad and his children by leaving and have the lawyer take care of it legally also proof of her being unstable ..can you present that ? you will need proof for anything that you bring up be prepared ! Good Luck with all
2006-12-06 22:32:32 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If you can prove she's mentally unstable in family court, then you might be able to restrict her rights to just visitation.
But IANAL, so talking to a lawyer might be a good idea.
2006-12-06 22:28:18 · answer #4 · answered by Anonymous · 1⤊ 0⤋
go immediately to family court or contact a lawyer and see what can be done. good luck
2006-12-06 22:31:26 · answer #5 · answered by kelsey 5 · 1⤊ 0⤋
If you can't stop her, let her take her children.
2006-12-07 01:25:31 · answer #6 · answered by Anonymous · 0⤊ 1⤋