Forced Visitation Laws?

Question

I have legal gaurdianship of my son, who is 16. His father is totally out of the picture. But his mother, my son's grandmother - who he hates by the way, has forced visitation once a month until he's 18. I tried to get the visitation resolved so I could move to another state, which my lawyer thought would be no problem, but to our surprise the judge denied my motion. I was shocked to say the least. So my question is, what is the worst that could happen if I moved anyway? It wouldn't be kidnapping, but I would be in contempt. My best friend says she thinks nothing could be done to me unless I returned to the state where the order was issued - that the authorities wouldn't come looking for me in another state for breaking the visitation, specially being that I don't plan on giving a forwarding address. Has anyone had any similar experiences?

Answer 1

There are two different laws concerning the issue at hand;

1) Uniform Child Custody Jurisdiction Act; and
2) Parental Kidnapping Prevention Act

To assist you in your issue, I've put three weblinks below for you to read that should help you in your considerations.

I know this is a frustrating situation and you may wish to consider a more aggressive attorney that specializes in family law to appeal the decision of the court.

Because of the above laws, parental kidnapping and interference with child custody have become issues pursued more diligently by the courts and law enforcement.

One option, of course, is the ability to leave the state yet make the child available for visitation with the determination of transportation placed upon the grandparent.

My own stepson visits his grandparents at their expense if they wish to see him.

Hope this helps...best wishes.

Answer 2

I think you may want to consult an appeal lawyer, to see if it maybe worth it to appeal the lower court ruling to not allow you to move out of state

As toward moving out of state, would be a contempt of court, a bench warrant can be issued for your arrest, and under the full faith and credit clause, each state will honor another state, hence if an arrest warrant is issued it goes nationally and if you get in trouble in the new state they could arrest you and hold you in jail until it is decided if the old state will extradite you back

Answer 3

Taking your son out of state would be contempt of court, and could be viewed as kidnapping the minor, removing him from the jurisdiction of the court. That would get the Feds on your case.

It would also show up any time a background check is done, and could deny you employment in many fields.

Answer 4

You would be a fugitive.