i live in ca, my child lives w/ my ex, i just found out she's moving him to indiana next week, what can i do?

Question

we were never married and have no custody agreement in place. I do pay child support, but she doesn't allow me to see him often, she withholds him from me because i am now in another relationship and had another child. Any legal options?

Answer 1

go to court get a temp. injunction that prevents her from leaveing the state untill the matter is resolved --hurry

Answer 2

The best thing is to seek legal custody or shared custody of the child. Your EX has no right to keep your child away from you and under law she can get in trouble for that. Unless their is a legal agreement as far as custody is concerned, she can move to any place she wants but the worst thing she does is blocking your relationship with your child which means even in Indiana she won't let you know where she would be staying. Seek court order agreement

Answer 3

There are TONS of legal options hon. If you are on the birth certificate you have rights. She is using you and if you are ready to fight then you must do it now. Call your local court house they can give you the number for attorneys. Most lawyers give free legal advice and they should even have that info at the court house in family services. I hope you look into it more. Its great to see a dad attempt to keep his child. What shes doing is illegal. If you wait you will lose your son.

Good luck

Answer 4

Yes, many...your ex-wife is required to give more notice than a week, in most states it’s 60 days. You need to get to the court house in which you filed ASAP and go to the self service center and papers for an emergency custody hearing….file them that same day if possible, so you can be heard before she leaves. The best thing you can do is get a lawyer who can do this for you if possible, but you can do it on your own. I think it’s great that your fighting for time with your kids, most dad’s of divorce think it’s a losing battle and the kids end up wondering why daddy didn’t fight harder…believe me I know! Good luck!

Answer 5

You have nothing legal so you have no legal options. You should have gone to court long ago for visitation rights, since you didn't YOU screwed yourself. She can take the child anywhere she wants to without needing your permission and she doesn't HAVE to allow you to see the child because there is no order of vistiation. Again, YOU did this to yourself in the beginning.

Answer 6

you better go file for joint custody right now. and i mean NOW! today! before the courts close. not only do you need to file, but she has to be served before she leaves and that could take days unless you hire a 24 hour process server with garunteed service of tonight. it doesn't count until she is served. no one withholds a child unless you let them. when my ex had custody and he tried to play this game with me, i dragged him to court. i now have custody. do not let someone else determine your relationship with your child. anyone that allows it is purely lazy. i don't mean to be rude, but when you have options out there as a non-custodial parent it is up to you to use them.

Answer 7

Get a lawyer FAST! You can get a temporary order keeping them here and then you'll have to establish paternity (yes even if you're on the birth certificate, if you were never married you have to establish paternity) then get a legal custody arrangement in order.

Answer 8

You have to get a lawyer. This is a 50/50 deal whether she likes it or not, but if you've been letting her take full responsibility, then payback is gonna be a b i t c h.

Do whatever you can for your child.

Answer 9

Get a lawyer. You have a right to see your kid and a lawyer can tell you about your legal options. Good luck!

Answer 10

No options--- just keep paying the child support.