My ex wife took our daughter across state lines without my consent should I call the police?

Question

We have joint custody and I just found out that she is driving to georgia as I write this need some help fast

Answer 1

Yes you can have her arrested. She needs a detailed letter on where she is going and for how long with your signature and the date. My parents had to do this with my siblings and I.

Answer 2

OK....
You can call the police, but they wont do anything about it. You see,they enforce the law. And your issue is a court ordered custody arrangement. The police do not enforce court orders.

I hate to break this to you, but she could keep your daughter in Georgia and not bring her back, and you would have to go to the county she was in and file a contempt order. At that point,the judge could issue a warrant and the police would follow through and arrest her.

Its not fair...but it is the law.

And if you have joint custody, you really cant do anything unless it was very clearly spell out in the agreement; i.e. "neither party may take child out of the state without written consent of both parents." This is not typical in joint custody cases. The parent with the child in their possession can do as they see fit.

I wish you luck...but I dont think there is much you can do without an attorney and a new court order.

Answer 3

Here's the thing. Typically she has to obtain permission from you or a court of law before she goes. However, the long arm of the law, does not stretch across state lines and once she is gone...she's gone.

Now, if she's going on vacation, simply file contempt and she'll have to answer to the judge as to why she thinks she is above his ruling on joint custody. She'll also be forced to sign a stipulation at that time or risk losing placement.

But, if she's moving and she hasn't told you...an entirely different ballgame. Call the police immediately. They will issue and amber alert that goes nation wide. Every cop/sheriff in the US will be looking for her. It's plastered on electronic billboards and flashed at the bottom of each news station. She won't get far. She'll also automatically be jailed until a court date is set and she loses placement. Her visition will be greatly reduced and possibly supervised if they deem her a flight risk.

Now comes the hard part. Deciding if you want to put your daughter through this. I suggest you try calling her. Either on a cell phone or get in touch with someone she is close to. You need to find out what she is doing, where she is going, and why she didn't tell you. You also want to inform her of your options. Alot of times, that is all it takes to get a parent to bring the child back.

It's not easy, but if you don't act now, the courts won't take you seriously, neither will the police hon.

Answer 4

If you have joint custody, then your custody agreement must spell out, that you nor her can take the child out of the state without written consent of the other. If it does then good, but you better have the papers on hand to prove that. If not, than I don't believe she has done anything wrong.
Is your daughter on a vacation with your ex?
I doubt calling the police will do you much good. If the ex fails to return your daughter at the designated time, then you have a case of kidnapping. I don't believe right now that you do.

Answer 5

Is she just going on a trip? Or is she moving?
If it is a trip, she does not HAVE to have permission to go out of your state. If she is the primary care giver, she is well within her rights to do so.
If she is moving there, and she gave you her new address and contact information, she still is not in violation of anything. All that will happen is you will need to figure out a midway point to meet to see your child.
I hate to break it to you, but joint custody does not amount to squat. And if she is primary, she can do as she please and you have to answer to HER. So, do not call the police and cause a huge ordeal. It is a domestic situation and they will not be able to do anything anyhow. Sorry, it is just the way it is. (More info would have been helpful.)

Answer 6

If she is going to be returning with your daughter then don't worry, fighting and calling the police on one another causes much unneeded stress for all of you especially your daughter. She may be going on a vacation and has no intention of abandoning you. When you have joint custody that only means that the both of you have rights to all things involved with your daughter, medical, school, religion and so forth. It really matters whom has physical placement of your daughter. And if she does you are out of luck unless she does not return.

Answer 7

First off don't call the police just yet. They won't do an amber alert because the child is not in danger. Wait until the time you are supposed to see your daughter. If your ex-wife isn't back, then you contact the police and your lawyer.

Answer 8

Irish Creme,
Since you do have joint custody. She it is illegal for her to take the children out of the state unless she has your consent and permission from the courts. Now if you didn't have a court custody document than I would advise you to get one quick and then report her to the authorities. Good luck. These situations are never easy. Please let me know how it goes.

Answer 9

What, are you a control freak or discontented Ex? Since when is a joint custodial parent obligated to remain within state lines? What's the damage here? Is mom visiting a relative, going to a state park?

Answer 10

Yes I would report her. Even if you feel your daughter isnt in danger, if its against the rules of your divorce, shes wrong. You may need this documented later if you have to prove anything in court. If you say "shes taken my daughter across state lines before" and you dont report it, you have no proof and they probably wont believe you.

I believe in leaving a paper trail for things like this and medical records incase you EVER need to go back it will be listed with a legit source.

Answer 11

joint legal or joint physical custody? is it in the custody stipulation that neither party can cross the state lines without the other parents consent, or just YOU aren't allowed to cross state lines with her? the order has to specify this, otherwise the police won't do a darn thing. neither will a judge.