What can I do when my ex wife is trying to take my child out of state and she has a retraining order on me? 6 Answers as of June 13, 2013

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Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You can ask the court to stop her. But does the restraining order apply to the child as well? Are you getting any visitation? If the order applies to your child and you have no visitation, I doubt that the court will require her to keep the child in state.
Answer Applies to: Idaho
Replied: 6/12/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Go talk to a nasty, smart divorce attorney near you, and take action. Nasty, smart action. Too bad you are not in New Jersey. I could help you. It is hard to find a good divorce lawyer who will fight for you and not charge an obscene amount of your money. Find someone who spends most of their time in divorces. Find someone who has been in court several times this year (2013) in the county courthouse where your divorce will be filed. If they don't go to court often, they are not the lawyer you want. And find someone who has handled at least three or four full and complete divorce trials.
Answer Applies to: New Jersey
Replied: 6/13/2013
Webster & Associates | Anita Webster
You would need to file and serve her with a Complaint for divorce and get a Joint Preliminary Injunction which will require her to stay in the state with the child. If she moves anyway then you would need to bring an immediate motion. You should act quickly.
Answer Applies to: Nevada
Replied: 6/12/2013
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
Get an atty to file on your behalf to stop her. You were not clear about the purpose. If it is for a vacation your ex has the right to do that. If it is a permanent move your atty might be able to help with establishing some parenting plan.
Answer Applies to: California
Replied: 6/12/2013
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
File an Order to Show Cause to prevent the removal, until a hearing can be had to determine if the removal is not inimical to the child's best interest.
Answer Applies to: New Jersey
Replied: 6/12/2013
    Morelos Law Firm
    Morelos Law Firm | Andrea Morelos
    Even if the order says you are not allowed to go near her OR the child, that doesn't mean she has the right to move to another state. You have not mentioned if she was able to get temporary custody through the restraining order (which is difficult, but possible). Even if she did get this, any regular family court lawsuit for custody takes precedence of whatever very temporary custody the judge may have put in place under the restraining order. You should consult with an attorney ASAP about filing a custody action to protect your rights. Assuming there is no current written agreement or court order detailing custody and certainly allowing either party to leave the state, then you should file
    Answer Applies to: North Carolina
    Replied: 6/12/2013
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