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Does anybody have any experienve with child custody battles?

Posted by on Jan. 8, 2014 at 1:07 PM
  • 2 Replies

I have a really good friend whose husband's ex wife has been withholding visitation.  She dropped the bomb on them yesterday that she is taking their 3 year old son & moving to New York.  They currently live in CA.
They dont have a lot of money for a lawyer, but they want to try & stop her from moving to New York.  She is in the Army & claims the Army is moving her.

does anybody know if there is anything they can do?


Thanks

by on Jan. 8, 2014 at 1:07 PM
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Replies (1-2):
lemleyfam13
by on Jan. 8, 2014 at 1:17 PM
If they have a current court order stating custody and visitation she can't just up and move, but you need a lawyer to ever get her in trouble for doing so. You can file contempt of court for with holding visits. If they have anything to prove she is gonna take the child and move (like a text messages specifically stating she is taking the child and moving, or recorded phone call stating this, or social media page. Must specifically state by her she is taking child and moving or it won't do any good) they could file emergency custody for parental interference or parental abduction. They will need a lawyer though or it's gonna get ugly and if she does move and take the kid out of the state they can't do anything about it even if they have a court order the most she will get is a slap on the wrist and a judge will issue a new court order for visits. I have been considering doing this myself and moving back to Arizona with my family so my mom and I have been doing research and once I'm in arizona with my kids I can file for custody and have my orders changed from colorado to arizona and nothing will happen. In fact the attorney I spoke to said all I have to do is say he knew all along I was moving with the kids and was having the order changed in arizona and I won't be in any trouble what so ever as he would have to prove he didn't know about it.
MelaniesMama
by on Jan. 8, 2014 at 1:20 PM

ugh, ok. Damn. We will ahve to look into how much a lawyer will cost.
Thanks for your reply

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