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  1. #1
    stephe.pearson is offline Junior Member
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    Can the custodial parent remove child from the state without permission?

    I live in MA & was never in a relationship or married to the mother of my 4 year old daughter. She has been in and out of detox & DCF continues to say she is a fit parent. Recently she moved my daughter to TX without my knowledge (lied and told me she was vacationing in another part of MA & said she'd have her back 3 days later). She has not come back and is now talking about staying in Texas. In the custody agreement I have visitation rights Friday-Sunday every week. Is there any way I can get her back in the state? I don't want to wait for a custody battle, I want her back home immediately. Is this custodial kidnapping? DCF said there isn't much they can do for me, I'm not sure what to do next.
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by stephe.pearson View Post
    I live in MA & was never in a relationship or married to the mother of my 4 year old daughter. She has been in and out of detox & DCF continues to say she is a fit parent. Recently she moved my daughter to TX without my knowledge (lied and told me she was vacationing in another part of MA & said she'd have her back 3 days later). She has not come back and is now talking about staying in Texas. In the custody agreement I have visitation rights Friday-Sunday every week. Is there any way I can get her back in the state? I don't want to wait for a custody battle, I want her back home immediately. Is this custodial kidnapping? DCF said there isn't much they can do for me, I'm not sure what to do next.
    You should file a motion with the court to have your daughter brought back to MA. This needs to be done right away. The longer you wait, the nastier it will get.
  3. #3
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by stephe.pearson View Post
    I live in MA & was never in a relationship or married to the mother of my 4 year old daughter. She has been in and out of detox & DCF continues to say she is a fit parent. Recently she moved my daughter to TX without my knowledge (lied and told me she was vacationing in another part of MA & said she'd have her back 3 days later). She has not come back and is now talking about staying in Texas. In the custody agreement I have visitation rights Friday-Sunday every week. Is there any way I can get her back in the state? I don't want to wait for a custody battle, I want her back home immediately. Is this custodial kidnapping? DCF said there isn't much they can do for me, I'm not sure what to do next.
    you can only go to court to compel them to order the return of the child.

    then if she doesn't, you have a whole new animal.
  4. #4
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by stephe.pearson View Post
    I live in MA & was never in a relationship or married to the mother of my 4 year old daughter. She has been in and out of detox & DCF continues to say she is a fit parent. Recently she moved my daughter to TX without my knowledge (lied and told me she was vacationing in another part of MA & said she'd have her back 3 days later). She has not come back and is now talking about staying in Texas. In the custody agreement I have visitation rights Friday-Sunday every week. Is there any way I can get her back in the state? I don't want to wait for a custody battle, I want her back home immediately. Is this custodial kidnapping? DCF said there isn't much they can do for me, I'm not sure what to do next.
    Have you actually missed a visitation, as in going to get your child and child was not available for visit? If so, you need to file a motion for contempt and possibly for an order for the child to be returned to Mass. Depending on your proof. Hire an attorney to do this if at all possible.

    No. This is not kidnapping.
  5. #5
    GoodDadtoBK is offline Member
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    What does your court order say about relocation?

    How long did she initially tell you she would be vacationing in Texas?

    I have a feeling she is telling you that she is "thinking" about moving there to get a feel for your reaction. If you are not ok with this, you need to let her know that, and also let her know that you will be taking it to court to fight.
  6. #6
    gam
    gam is offline Senior Member
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    Quote Originally Posted by stephe.pearson View Post
    I live in MA & was never in a relationship or married to the mother of my 4 year old daughter. She has been in and out of detox & DCF continues to say she is a fit parent. Recently she moved my daughter to TX without my knowledge (lied and told me she was vacationing in another part of MA & said she'd have her back 3 days later). She has not come back and is now talking about staying in Texas. In the custody agreement I have visitation rights Friday-Sunday every week. Is there any way I can get her back in the state? I don't want to wait for a custody battle, I want her back home immediately. Is this custodial kidnapping? DCF said there isn't much they can do for me, I'm not sure what to do next.
    If you had no relationship with this woman, then how is that she is the mother of your 4 year old daughter?

    DCF continues to say she is a fit parent, have they been investigating allegations? How would you know the outcome of those investigations? Having an addiction and seeking treatment for that addiction does not make one an unfit parent.

    Does your order state that mom needs your permission to take the child out of MA? One thing for the order to say she needs yours or the courts permission to move the child out of state, but totally different then mom taking child out of state for a visit. How long has mom been gone with the child?
  7. #7
    stealth2 is offline Senior Member
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    Quote Originally Posted by gam View Post
    If you had no relationship with this woman, then how is that she is the mother of your 4 year old daughter?
    Easy - one night stand.
  8. #8
    gam
    gam is offline Senior Member
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    Quote Originally Posted by stealth2 View Post
    Easy - one night stand.
    Darn it I was hoping it was immaculate conception.
  9. #9
    Ohiogal is offline Senior Member
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    Quote Originally Posted by stealth2 View Post
    Easy - one night stand.
    That is still a relationship. NOT longstanding but long enough.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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