Ok, this is going to be hard to explain. My husband and his ex went to court in November and his ex was given sole legal and physical custody of their 5-year-old daughter. He was just given visitation (because his ex made up some b.s. about him abusing his daughter and even thought she had no proof they took her side) which meant he got her on the weekends. Well, since it was ordered, he has only seen her 5 times because most of the weekends his ex would make up excuses saying that she had prior plans for her or else she wouldn't answer her phone at all. Well, last month she stopped answering his calls completely. I kept bugging him to go to her house to pick his daughter up, and he finally went this last Saturday. Well it turns out she moved. We hired a private investigator and it turns out she moved all the way to Seattle (we live in San Francisco)! We went to the court house and they said that she didn't give a change of address or anything. Now we know where she lives and everything because of the private investigator, but I just need to know if what she did was illegal or not. I mean, it has to be right? What can we do about this? We don't want to make her move back down here because we found out that she enrolled her in school and everything and we don't want to interrupt his daughter's education, but we really need some advice on what to do about this (we can't move up there because our son is going to school down here and we don't want to interrupt his schooling either).
Sorry this ended up so long.:( Please help!
2007-09-19 17:43:13 · 10 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Oh, and on the court papers it said that neither parent can leave the state without giving the other their address and other information and a court hearing, but I mean, California is known as a woman's state so can she really get in trouble for that?
2007-09-19 17:51:56 · update #1
Well your in California and she can get in big time trouble for this...She can lose custody of her daughter....You husband need to file contempt papers on her, he doesn't need a Lawyer for this...Just go to the court house and file, pay the fee and as for a court date...She will have to show up and explain herself to the judge...She need to get permission to move out of state prior to leaving...
2007-09-19 17:53:08 · answer #1 · answered by ABBYsMom 7 · 0⤊ 0⤋
It is good you are taking an interest in this, and it sounds like the typical mess. I am sorry to say, but every time I hear this story, the women are using the kids against the ex. He may have been the lowest, no good dirty cheatin, lying dog....but why use the kids.
Anyway, you need to speak to an attorney. The laws vary by state. And have actually read all the paperwork? A lot of times the new boyfriend/girlfriend is not really getting all the facts.
Also just by your note I have to say you are getting away from the facts and into the "story". Fact 1. If it is illegal to move out of state without the non-costodial parents permission, then the ex-wife is resonsible for that bad act. Forget the interrupt the school thing, familys have to move all the time for all sorts of reasons.
Fact 2. Clearly the ex is trying to get the father out of the childrens life. That is a big problem and needs to be addressed right away. If it is not stopped now it will get worse and worse.
Fact3. By not being agressive about visitation, that gave the ex the signal she was in control. I had a relative and if the ex missed visitation he was in court Monday morning 8am.
Good luck.
2007-09-19 18:02:03 · answer #2 · answered by Gatsby216 7 · 0⤊ 0⤋
The court says that either party can move WITHOUT giving the address first? but the courts didn't say that she could not move either.. it sounds like the best for you to do is report what happened and wait... report and wait for now, if the court decide she really broke the law, he may get a chance at his kid, things like this are real hard to proof in court, but keep in mind the court always and always try to keep those kids with the mother... that is just how it is, a father would have to have hard core proof that the mother isn't good enough. HARD CORE PHYSICAL EVIDENCE. Woman can say almost anything and they would give her that child... but a man has a lots of evidence to show, I'm telling you this because my husband and I took custody of his daughter and it took us a year even though we had all the evidence of child neglect sexual abuse and witness drug dwelling they gave that woman a year to get her **** together, before they gave us permanent custody. Courts always give Mom benefit of the doubts.. is just the way it is.. good luck.
2007-09-20 01:16:03 · answer #3 · answered by boricua_2290 5 · 0⤊ 0⤋
LMAO California known as a woman's state...LMAO...yeah right. I was born and raised in California, I live in California...That's just laughable. It wasn't the state of California that gave HER sole custody, it was the state she was living in at the time of the divorce. It is THAT court your husband is going to have to go through, if he wants the child back there. Californai has nothing to do with the choices YOUR husband has to make. He really doesn't need his ex's address, the court needs it in order to get her child support payments to her but your husband doesn't need it. Any communications he wants with his ex he will simply have to go through the court. If he wants vistiation he will have to go to court in HIS state. None of this has anything to do with the state of California.
2007-09-19 19:03:14 · answer #4 · answered by Anonymous · 0⤊ 0⤋
if she did this it sounds like she violated a court order by not making the kids go on his days.. she can go to jail for that.. what he might do is take her back to court.. but if hes willing to let the child stay where they are then i would get it set up so that he gets his child durning the summer months and every other holiday. good luck.
2007-09-19 17:50:35 · answer #5 · answered by Kat 5 · 0⤊ 0⤋
She has legal and physical custody,she can do what ever she thinks is in the child's best interest.The courts never told her not to move the child out of state.If you want to enforce your husband's rights to Visitation,Go back to court and she will be made to fly the child back to see her father.She will foot the bill
because she moved the child
2007-09-19 18:10:04 · answer #6 · answered by miraclehand2020 5 · 1⤊ 1⤋
call a legal expert. He desires your permission to take her in another country. yet by utilising what you assert that isn't provide up him. i might pass in with a relative, so your no longer on my own. And what ever you do do no longer permit him close on your daughter.
2016-10-05 01:14:39 · answer #7 · answered by torrez 4 · 0⤊ 0⤋
Well, she is in contempt of court if she is not allowing him to see her as court ordered. I'd hire a lawyer and get it all straightened out.
2007-09-19 17:46:22 · answer #8 · answered by futureteacher0613 5 · 0⤊ 0⤋
ask the courts...it depends on how they ruled example brit and kfed can't move out of state..so i am not sure how they ruled on this..good luck
2007-09-19 17:48:39 · answer #9 · answered by angelstarszzzz 4 · 0⤊ 0⤋
cool
2007-09-19 17:48:22 · answer #10 · answered by haley g 2 · 0⤊ 1⤋