Can my sons mom move out of state without my permission?

Question

this is my wifes name I was just wondering cuz my sons move has moved away and I didnt know where she was for 8 months now I know what state she lives in and the only address she gives me is a p o box is this legal? If not what actions can I take to find out where my son lives ??? I have her phone # its a cell phone though!!!! Also I am current and I pay child support!!!!

she has full custody but she moved out of state without my permission !!!! Now she is wanting to give me custody but she will not give me her address!!! i love my son very much and she has moved him around to 5 schools and he will be in 2nd grade next yr !!!

Soo I dont understand I have no rights to know where my son is living even though I pay child support?

I was never married to this dumb lady

Answer 1

Do you have a paternity determination from the court or do you have court-ordered visitation?

Those are the ONLY questions that need answering.

EDITED BASED ON ADDITIONAL INFO:

First of all, I don't answer questions when the poster uses childish namecalling. Second, you didn't answer all of the questions.

So, until you do, you can either accept the answers from non-attorneys or answer all of the questions and get a valid legal opinion.

By the way, YOUR permission is NEVER required for a relocation. Now either answer the questions or not. that's your choice.

Answer 2

I think i know the answer to this. Im actually in a similar situation. but i am the mother trying to move out of state with my son. I have 100% physical custody of my son and me and the father have joint legal custody.. now thats the problem. legally i cannot move out of state unless i get permission from the court... which i am currently doing and he is fighting me. And the court will only allow u to move away if its an emergency and u have no other place to stay in that state. if the mother has all pgysical and legal custody then the father will have a hard time with that unless he files a motion in the court for some kind of legal visitation. The mother has already moved, and there is nothing u can do. My sons father is fighting me like an idiot.. but he cant stop me from moving, its just stressful i have to postpone my move

Answer 3

Last I knew no child could be removed from the state where the divorce took place without the states permission.

Yea, I know. Why the state and not the parents... Because you get Physical custody or joint custody but the state has actual custody. The kids become the property of the state and one or both parents get the responsibility for maintaining the states children.
I am sure that is not the proper legal way to put it. But in short you can force the kids back. She can stay where ever she wants. But cannot move the kids to another permanent address in a different state.

I think it falls under kidnapping.
Hope that helps a little.

Answer 4

your sons mother proably has full physical custody. First it depends on what your court order when they ordered child support/divorce if married. My husband 's ex did this with his daughter and we live in michigan. The law here states she wasn't suppose to do this. She had to bring the child back to michigan for our visits. We now have custody though. Any ways, What you will have to do is go to your local friend of the court and ask for a mederator to have a meeting (also you are suppose to have your childs whereabouts at all times) Anyways if she doesnt show up for this they will recommend you to file a motion (they will give you a booklet on how to do this so you dont have to hire a attorney) here it costs a 100.00. File the papers and wait for a hearing. But I would recommend calling the friend of the courts office first and asking what the orders say about moving the child out of state. then ask for the meadartor to act as a third party this way the courts can see that you are trying to be in contact with your child and the mother is not wanting to cooperate with this. Good Luck.

Answer 5

Not kidnapping. A parent can never kidnap their own child, legally. She cannot move out of the jurisdiction that gave her full custody without the approval of a court in that jurisdiction, which will ask whether it's ok by you.

The fact that you pay child support is irrelvant. It has no bearing whatsoever on her actions. The first thing to do is file a motion where the original order was handed down. Get her held in contempt of court for disobeying the custody order.

Answer 6

It depends on the divorce and custody papers and your visitation rights.
Generally,she cannot move out of state with minor children when there are visitations involved without your permission or court approval.
You should contact your attorney for legal advice and you can hire a private detective to find her. With a P.O. Box number and the city and state,the detective can stake out the post office and follow her to her house.
This can be used to serve any papers issued by the courts to settle any improper activities.
Custody battles are supposed to take place in the state in which the minor children reside. If your sons are 18 or older,they can choose where to live.

Answer 7

You need to get a lawyer to look at your divorce decree or you can read it your self, and it should specifically say if your ex can move out of the state you reside in. If not, then she can be held in contempt of court. You would contact the courthouse of the county your divorce was done in. Child support is a different issue. If she is using an APO address, then it is a military address over sea's but do not let this scare you. It is American.

Answer 8

She united statesand skips out of the State isn't criminal! A bench warrant may well be issued if she replaced into meant to look in court docket and a individual, alongside with a Social worker, tells the decide "She left the country!" Oh particular! it has got here approximately, and the bench warrant replaced into ordered! individually, if the Social worker knew this, as far as i'm in contact, she's basically as quilty because of the fact the mother for hiding the certainty till it replaced into too overdue to retrieve the youngster!

Answer 9

read your divorce agreement - it should stipulate giving advance notice on intent to relocate, and to where - and I'm sure she is violating the visitation schedule also - obviously she is not bring your son to you on weekends and holidays! Read your divorce agreement - it should be covered there. Good Luck!

If she wants to give you custody - tell her to drop your son off at your place - right?

Answer 10

if you have full custody then it would be kidnapping. she can give you a p.o. box. she has every right to do that. but maybe you should contact your lawyer about this matter.