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Getting help with custody of a child

My nephew is in Indiana and his mom is in Houston. She is trying to regain custody of my nephew, the divorce was in Indiana and the X knows people there and got custody of him. Now he is trying to run her out of money and keep my nephew away from her, they also do all kinds of things to make him think his mother doesn't want him or is doing something wrong. HELP1

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llstnkr

Asked by llstnkr at 11:55 AM on Apr. 2, 2009 in Relationships

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Answers (3)
  • Sorry to say thins, but she really doesnt have alot of a chance if she is in another state and he already has custody. In most custody and divorce cases I know of you cant take the child out of the state to live untill they are 18. Sorry, my bil is going through this too, and it really come sodwn to you need to stay in the state where your kids are.
    AK_aries

    Answer by AK_aries at 12:04 PM on Apr. 2, 2009

  • For this to even happen she would have to move back to Indiana. She would have to find a place to live, a job and get stable there then get an attorney. The most she can do without moving is get visitation like during the summer and some holidays does she even have visitation? She needs to call her child regularly if he is old enough to talk on the phone. If she is refused contact she needs to document that to have something to tell a lawyer. She should send letters and cards certified mail so they have to be signed for or atleast a return reciept knowing that they were recieved. That way if they return them she also has proof she is being alienated from her child. Also she can show her son later she did try. I wouldnt have ever left the state and this is why. Also is she paying child support? She needs to make it current if she is.
    okmommy08

    Answer by okmommy08 at 12:10 PM on Apr. 2, 2009

  • Does she have any kind of visitation rights established? If not she might try to Petition him for visitation rights, and work her way from there. Also the Judge will look down on anyone persuading the child's affection and love for the mother by telling the child negative things about the mother. I don't know if living in another state will affect her getting visitation rights, but if she is willing to provide the transportation to and from an agreed spot for her visitation that wil;l help too. She needs to speak to an attorney about getting a Petition for visitation set up.
    amberpie

    Answer by amberpie at 12:11 PM on Apr. 2, 2009

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