Can someone help?

Question

My son is seperated from his wife that moved back to N.C.
He is living in Al. and she said that he can not get his son and take him out of state? he has been sending Child suport every week. Can she do this?

Answer 1

He's only seperated so yes she can do this until he becomes a MAN and gets a divorce and sets everything in ink. Until divorce is final there is no visitation order and leaves it solely with the parent that has the child. If he gets the kid and brings him home then he has control of visitation.

HELP HIM GET A DIVORCE AND GET IT FINALIZED!!!!!!!!!!!!!!!!!!

Answer 2

No that cant be done unless he has no visitation right at all
but by law he has his weekends and holidays as well. contact a lawyer or have him to call the police once he is intown and show proof that she is holdinf the baby hostage

Answer 3

Technically I think at this moment she can becahrged with kidnapping becuase she left the home ste of the father without consent. She will be charged if she does not return to the hometown of the father and he is given visitation time.

Have him contact the authorities and a lawyer he has rights to see his son.
She is in big trouble I thinks.

Answer 4

It depends on the state. In New Mexico, you are allowed to take your child from a home and go over statelines especailly there is an abusive situation. I've contacted our local police before taking my children over state lines and the police officer said it was legal especailly if the child was in danger in someway. You can't kidnap your own kids" is what the officer told me. If there was no potential for abuse, you should just contact your local authorities and ask for whatever state you are in, certain states have certain laws. If she IS on the birth certificate, she isn't kidnapping them, unless a court said she shouldn't have them. He needs to seek legal counsel about it though.

Answer 5

Depends on what the paperwork says, if she was given the right to establish the child's permanent residence then she can take him out of state, but I don't think she can deny him his visitation.

He needs to keep paying his child support (he can't withhold child support because she's withholding visitation) and get a lawyer.

Answer 6

He needs to contact an attorney. NOW!!!!!

Answer 7

In a seperation case,possession is 9/10ths of the law. There probably isnt a legal seperation agreement drawn up givng custody to her and visitation rights to him. Unfortunately,she can do this as theres probably nothing legal to say otherwise. He can petition the courts if he does have an agreement but al details must be spelled out in it including support and visits. If not then he needs to get this into divorce courts as soon as possible and go after visitation rights since chances are she will get residential custody. This will take some time as it involves two different states. Now if she was living in Al at the time of seperation and moved back to NC and there is a legal seperation agreement drawn up and spells out everything then he could get her for parental kidnapping if she has neither his nor the courts permission to move and that would bring her and/or the baby back to Al. Hope this all makes sense. All depends on if a legal seperation agreement exists. Good luck

Answer 8

General Information
Types of Custody/Visitation Orders:
Custody of Children

Legal Custody. Legal custody determines which parent will make decisions concerning the child's or children's health, safety, education, and welfare. One parent can make these decisions alone, which is known as sole legal custody, or both parents retain the right to make these decisions, known as joint legal custody. Joint legal custody means both parents should cooperate on decision-making, but that either parent has the power to make decisions alone. Sole legal custody means only one parent can make decisions and obtain information from the child's or children's school and doctor, for example.

Physical Custody. Physical custody determines where the child or children will reside. Sole physical custody means the child or children live with one parent and visit the other parent. Joint physical custody means the child or children reside with both parents. In the case of joint physical custody, if one parent will have the child more than half of the time, then that parent can be labeled the "primary custodial parent" for tax and other purposes.

Visitation of Children

Unsupervised Visitation. The parent who does not have the child or children more than half of the time is entitled to visitation with the child or children. Visitation plans should be specific in order to avoid potential conflicts and eliminate confusion. In developing a specific visitation plan, keep in mind that it can be helpful to be specific about which weeks of the month the visits will occur to make the plan more enforceable. For example, if a parent will have the child or children every other weekend, it would be helpful to define that specifically as the 1st, 3rd, and 5th (or the 2nd and 4th) weekend. The pick-up and drop-off times should also be specific, such as Friday at 3:00 p.m. to Sunday at 6:00 p.m.

Supervised Visitation. This option is used when the child's or children's safety and well-being require that visits with the other parent be supervised by you, another adult, or a professional agency.

No Visitation. This option is used in extreme situations in which contact with the parent would be physically or emotionally harmful to the child.

Residential Requirements
If you already have an open case in Sacramento County, you may not necessarily need to be concerned with residency requirements. However, if your case is in another county or state, there are special rules regarding your custody orders. Depending upon where the other parent resides, among other considerations, you may be able to move your entire case to Sacramento County. If you are from another state, you may want to register your out-of-state order in Sacramento County under the Uniform Child Custody Jurisdiction and Enforcement Act for the purposes of enforcement and, possibly, modification. Before considering any of these actions, it is recommended that you seek legal advice regarding this very technical area of the law.

Custody/Visitation Orders without filing for Dissolution or Legal Separation
The Petition for Custody and Support of the Minor Children is used in very limited circumstances. You may only use this method of obtaining custody and support orders if there is no other case that has been filed anytime, anywhere regarding the children of this relationship. You may file this petition if you are married to the other parent and do not wish to file for a divorce, legal separation, or nullity, or you are not married to the other parent and you and the other parent have signed a Voluntary Declaration of Paternity regarding each child. Be aware that if you are married to the other parent and later decide that you would like a divorce, legal separation, or annulment, you will have to file a new case and pay another filing fee. After your Petition is filed, you may proceed as you would in any other case where you are asking for custody and support orders.

Establish/Modify/Change Orders
After an action for dissolution, legal separation, nullity, or paternity has been filed in court, you may proceed with filing the necessary paperwork to obtain orders to establish child custody, visitation and/or support. A form packet, along with a detailed instruction sheet, is available from the cashier in Room 100 at the William R. Ridgeway Family Relations Courthouse, located at 3341 Power Inn Road which is approximately one half mile south of Folsom Blvd/Highway 50. The Family Law Filing Counter is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding court holidays. The packet is free of charge.

If you wish to make a request for the court to modify an existing order, you must file the appropriate "Notice of Motion" or "Order to Show Cause" paperwork with the Family Relations Court.

Custody Mediation/Evaluation
For custody mediation or evaluation information, please see Child Custody Mediation or Evaluation.

Emergency/Temporary Orders
In family law cases, court orders can be obtained only after the appropriate paperwork is filed, a hearing is scheduled, and notice of hearing is served on the other party allowing him/her sufficient time to file a response. These hearings occur in open court in front of a judge. In limited situations, where there is an emergency, the judge may grant a Temporary Order to be in effect only until the hearing in open court. A Temporary Order is only issued to deal with an emergency that cannot wait for the normal hearing process.

Requires 24 Hours' Notice

To obtain a temporary order, you must give the other party notice that you are requesting an emergency temporary order(s). This notice must be given at least 24 hours before you file your documents with the court. You must tell the other party the date, time, and place (Ex Parte Window 5/6 in Room 100 of William R. Ridgeway Family Relations Courthouse) to appear if he/she wishes to object to the temporary order(s) you are requesting. This notice must be give in person or by telephone. If an attorney represents the other party, the notice must be given to that attorney.

The 24 hours' notice must be given in all cases unless it is established that there will be an immediate threat of danger or harm if the notice is given. This can be established only in rare cases. It is the general policy of family law courts that judges do not make temporary orders unless both sides have the opportunity to be heard.

Days and times for filing applications for Ex Parte Orders are Monday through Friday, (excluding holidays), between the hours of: 8:30 a.m. to 11:00 a.m. AND 1:30 p.m. to 3:00 p.m.

For assistance in completing and filing your paperwork, you may go to the Family Law Facilitator’s Office, Room 113, or seek the advice of an attorney.

Forms
An Order to Show Cause packet is available free of charge at the Cashier's Window at the William R. Ridgeway Family Relations Courthouse, Room 100, free of charge or you may download the necessary forms from the Local Forms page and the web site for Judicial Council of California.

The forms contained in the Order to Show Cause packet are:

Judicial Council Forms Family Law Local Forms
Order to Show Cause For Mediation Notice
Application for Order and Supporting Declaration Family Law Case Demographic Information
Responsive Declaration to Order to Show Cause or Notice of Motion
Notice of Rights and Responsibilities
Declaration
Proof of Service
Order to Show Cause Instruction Sheet

The packet of forms necessary to obtain a temporary order is available free of charge, at the Cashier's Window at the William R. Ridgeway Family Relations Courthouse, Room 100.

Fees
Family Law documents may be filed in person or by mail. The court will not set hearings over the phone. Documents submitted through the mail will be assigned a hearing date according to the statute requirements. The Court strongly recommends that you to appear to file any Restraining Order.

Please be advised of the following when filing documents by mail:

Pleadings will not be filed unless they comply with California Rules of Court, rule 2.100 which require that all documents presented for filing must be legible and either typed or printed.
No conformed copies of documents filed with the Family Law Court will be returned by mail unless a self-addressed stamped envelope, with sufficient postage, is provided.
All papers presented for filing must be pre-punched in the standard two-hole position at the top of the document and in triplicate.
Documents submitted for filing without the total fee due will be returned unfiled.
Filings paid with checks that are returned for non-sufficient funds will be void if not paid by cash or certified check/money order within 20 days of notification. (411.20 Code of Civil Procedure).
There are fax filing agencies that are approved to submit papers to the court through the use of a fax if you unable to personally appear.

For Family Law filing fees or other Court filing fees, please click here.

NOTICE: If you are unable to pay fees and costs, you may ask the court to permit you to proceed without paying them. Check our page on Fee Waivers and/or ask the Family Law filing clerk for the Informational Sheet on Waiver of Court Fees and Costs and Application for Waiver of Court Fees and and Costs (Pursuant to California Rules of Court, rule 3.50-3.63). You may also download the fee waiver forms at the Judicial Council Web site.

Representing Yourself
If you intend to represent yourself, it may be helpful to drop by the Self-Help Center located in Room 113 of the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road. The Self-Help Center offers services to help you represent yourself in both family law and probate court matters. The center houses the Family Law Facilitator's Office and the Probate legal clinic sponsored by the Voluntary Legal Services Program, and a community resources information and referral service. At the center, staff and volunteers assist you in filling out forms and provide information about legal procedures. These services are available free of charge.

If you have decided to represent yourself, you have taken on the responsibility of knowing the procedures and timelines relating to your paperwork and appearances in court. The Self-Help Center in Room 113 is available to provide this information to you. You may also learn about the rules you must follow in the Family Code, Code of Civil Procedure and the Family Law Local Rules as, well as, the California Rules of Court. You can find those resources, as well as guide books to assist you, at the Law Library in Room 112 of the Family Relations Courthouse. You can also purchase the Local Rules for $10.00 from the Cashier in Room 100 of the Family Relations Courthouse.

Answer 9

He has to take her to court for visitation rights.He is paying child support and even if he wasn't he has parental rights to.So tell him not to waste his time fighting with her over this,just take her to court.Because the child is the true victim in parents selfish ways.Good luck

Answer 10

You need to ask an attorney, laws change from state to state