the oldest son to call and give my brother a PO Box where he can send the support check. He was seeing his kids almost every weekend and now she won't even tell him their address. Is this legal?
2007-05-26 09:00:34 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
If the order doesn't give her full custody then it's illegal and petty. Get a lawyer and a private eye to track this witch down.
There must be more to the story though. Something must have happened that was pretty extreme to have that type of pick up and run over 1000 miles from your brother.
2007-05-26 09:03:30 · answer #1 · answered by Deep Thought 5 · 2⤊ 0⤋
a lot depends on if there was a custody & visitation agreement through the courts....and what it says regarding move aways...
if there was no provision in the divorce decree about moving, then yes, she has every right to go where she wants,and just give him a PO box....but if there was a visitaiton agreement that now can't be followed, then your brother needs to get to a lawyer fast and petition the court against her for contempt.
Like I said, a lot depends on what the divorce decree states -
2007-05-26 16:08:02 · answer #2 · answered by allrightythen 7 · 0⤊ 0⤋
Most states require a parenting plan to be put into place before a mother or father can move if the couple was married and most times during a divorce these plans are put into place. Contact your local Child Support Enforcement Division for advice or contact freelegaladvice.com to look up the different regulations in different states. My ex-husband had a daughter from a previous relationship and she moved the child to Tennessee without notice and was forced to eventually pay for him to visit the child out of state and was also forced to put a parenting plan into place.
2007-05-26 16:07:03 · answer #3 · answered by helicopterjen 4 · 1⤊ 0⤋
If she doesn't have full custody of the children , then it is illegal what she is doing and has done....my advice would be for your brother to contact an attorney. The only problem with doing so , Is the attorney will fight for him in Florida and he may win, but when they fight in New york he may not. So he needs to make sure that the attorney is willing first of all to travel and fight it in both states.....I know from experience that it can be very costly to do so, but it is definitely worth the fight.
2007-05-26 16:10:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Child support is usually sent thru the court house, not privately in the mail. Something is up here.
She is being illegal and he needs to seek legal advice immediately. She has no right to hide his kids. She is playing games with them. She will mess them up in the head for life.
2007-05-26 16:08:35 · answer #5 · answered by happydawg 6 · 1⤊ 0⤋
No way unless she has written notorized permission from either dad and/or the courts. She can be charged with spousal kidnapping and thats a federal crime since she crossed state lines. He needs to notify the authorities immediately and the courts too especially to see if he can file his support to the courts til this is resolved
2007-05-26 16:07:07 · answer #6 · answered by Arthur W 7 · 2⤊ 0⤋
This is not legal.
Her taking the kids across state lines is kidnapping.
He should call an attorney or the police.
2007-05-26 16:08:40 · answer #7 · answered by Me ♥ 3 · 1⤊ 0⤋
i am pretty sure it is not legal but i could be wrong he need to ask a judge or cop or something that knows the law
2007-05-26 16:05:08 · answer #8 · answered by Frank H 2 · 1⤊ 0⤋
Depends on the state.
2007-05-26 16:02:56 · answer #9 · answered by ark 3 · 0⤊ 1⤋
No, why would he have no rights? he needs to see his attorney. She cannot just abduct the children.
2007-05-26 16:04:52 · answer #10 · answered by Anonymous · 1⤊ 0⤋