What can I do if I tried to stop my ex wife from moving with our child? 5 Answers as of September 20, 2011
My ex wife moved to North Carolina from California without my permission. She gave me 10 days notice and I wasn't involved and didn't want my child to move. I did an incident report with local PD saying my ex wife was gonna move without permission and that I wanted to serve her paperwork to go to court and she left anyway. I filed for an emergency hearing to stop her move and return with my child and it was denied since they had already left. I have a mediation date and court date now. I know we won't be able to agree during mediation, since I would want her to return my child and she would want her to stay where they moved. We have joint legal custody. Can I win this court case and win joint physical custody and give visitation rights with my ex wife?Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click here
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
You should immediately contact a family law attorney who has experience with child abduction cases. An experienced attorney would be able to get you custody based on your wife's departure without your consent.
Answer Applies to: California
Replied: 9/20/2011
Law Offices of Paul A. Eads | Paul A. Eads
For such a complex issue, more facts are required. Prior orders etc.
Answer Applies to: California
Replied: 9/20/2011
The Law Office of Erin Farley | Erin Farley
I can not predict what will happen at mediation or at the hearing, but I can tell you that you have a chance. The court will look to what is in the best interests of the child - these interests include stability in residence, continuity in schooling and friendships, and frequent and continuous contact with dad. Look over your prior order and determine whether Mother disobeyed the order by moving away (especially so far). It sounds like you have taken all of the right steps. I urge you to get the advice of an attorney - these "move away" cases can be challenging. You will need to present solid evidence that it is in your child's best interest to remain in California, and you will need to be able to question mother's reasons for moving (especially so drastically and without reasonable notice).
Answer Applies to: California
Replied: 9/20/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
To maximize your chances of keeping the child in California, you should retain the services of an attorney skilled in child custody disputes.
Answer Applies to: California
Replied: 9/19/2011
Law Office of Rhonda Ellifritz | Rhonda Ellifritz
This will depend on several facts that have not been mentioned. One important factor is the type of custody you had when she was in California. You will most definitely need an attorney to help you in this matter, as it can be very tricky.
Answer Applies to: California
Replied: 9/19/2011
