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  1. #1
    kimberleycdh222 is offline Junior Member
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    crossing state lines with a minor

    What is the name of your state (only U.S. law)? Indiana
    my husband was divorced 5 years ago. it was a very strenuous divorce, he lost his job and had to move one state away. His exwife is primary custodial parent, but they have equal rights in parenting. She decided to move 1500 miles away with out going to court and letting him approve or disapprove or make other suggestions. she simply sent him a note, and left. He has never missed a support payment of 1200, and moved back to the primary state with in 3 months. was what she did illegal, and what is the statute of limitations on filing charges?What is the name of your state (only U.S. law)? Indiana
  2. #2
    Proserpina is offline Senior Member
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    How long ago was the move?

    Your husband may be able to file for contempt - are you asking if there's a criminal charge involved? If so - no, not as a rule. It's a civil matter.

    Why didn't he bother to file as soon as she moved?
  3. #3
    Isis1 is offline Senior Member
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    Quote Originally Posted by kimberleycdh222 View Post
    What is the name of your state (only U.S. law)? Indiana
    my husband was divorced 5 years ago. it was a very strenuous divorce, he lost his job and had to move one state away. His exwife is primary custodial parent, but they have equal rights in parenting. She decided to move 1500 miles away with out going to court and letting him approve or disapprove or make other suggestions. she simply sent him a note, and left. He has never missed a support payment of 1200, and moved back to the primary state with in 3 months. was what she did illegal, and what is the statute of limitations on filing charges?What is the name of your state (only U.S. law)? Indiana
    third parties are frowned upon. you may or may not have all the relevant details. i recommend you send your husband here with his own ID as he will need to answer some questions.

    having said that, how long has mom been out of state? how far away did dad move originally?
  4. #4
    kimberleycdh222 is offline Junior Member
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    crossing state lines

    Dad did not file charges because he did not want to inflict any more trauma on his daughter by having her mother arrested for doing this. He lived 3 hours away. His exwife would not allow the daughter to come for visits, even though it was court ordered and we offered to pay for the entire trip, and... for the ex to come out so that she could see all was fine, and fly back to indiana.

    my husband unfortunately has to work extra hours in order to pay for the attorney that we are going to need very soon I am afraid.
  5. #5
    Proserpina is offline Senior Member
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    I think you missed the point; this isn't a criminal matter - it's a civil matter. IOW, Dad wouldn't be able to press charges; his recourse would be to file contempt through family court. Mom would not be arrested for this.

    For your own sake, please read the sticky at the top of the forum. There is no "we" in this, k? This is Dad's battle, and while I understand you're concerned you've gotta step back and let him do what he needs to do. Ask your questions, but drop the "we" stuff.

    Why does Dad need a lawyer now? And please, answer the question of WHEN this move actually took place.
  6. #6
    Isis1 is offline Senior Member
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    Quote Originally Posted by kimberleycdh222 View Post
    Dad did not file charges because he did not want to inflict any more trauma on his daughter by having her mother arrested for doing this. He lived 3 hours away. His exwife would not allow the daughter to come for visits, even though it was court ordered and we offered to pay for the entire trip, and... for the ex to come out so that she could see all was fine, and fly back to indiana.

    my husband unfortunately has to work extra hours in order to pay for the attorney that we are going to need very soon I am afraid.
    so one more time, when did mom move out of state?
  7. #7
    kimberleycdh222 is offline Junior Member
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    crossing state lines

    Mom moved out of state 4 years ago. it took dad 2 years to find a job where she moved to so he could be near his daughter. then she denied him his parenting time for 3 months, dad had to hire an attorney in order to get the custody decree enforced, and had to have the police involved when the mom said he kidnapped his daughter even though it was his weekend. mom was almost arrested for denying his parenting time. dad needs an attorney because mom is denying parenting time again, on the advice of her attorney because dad forces his anorexic daughter to eat, be respectful in his house and the mom thinks this is abuse, therefore, denying his parenting time.
  8. #8
    mommyof4 is offline Senior Member
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    Uhhh...she moved 4 YEARS AGO?

    Not even a case for contempt on that issue.

    The only thing Dad can do is get an atty to deal with the non-compliance of the visitation.

    BTW....has the child been actually diagnosed as anorexic? Is she in treatment? If so, FORCING her to eat could very well be doing harm. Unless Dad is trained in treating this disorder, I suggest he stop 'treating' her. If he's truly concerned that she has an eating disorder, he should be contacting her doctor.
  9. #9
    Silverplum is offline Senior Member
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    Quote Originally Posted by kimberleycdh222 View Post
    Mom moved out of state 4 years ago. it took dad 2 years to find a job where she moved to so he could be near his daughter. then she denied him his parenting time for 3 months, dad had to hire an attorney in order to get the custody decree enforced, and had to have the police involved when the mom said he kidnapped his daughter even though it was his weekend. mom was almost arrested for denying his parenting time. dad needs an attorney because mom is denying parenting time again, on the advice of her attorney because dad forces his anorexic daughter to eat, be respectful in his house and the mom thinks this is abuse, therefore, denying his parenting time.
    It's far too late to file any sort of protest/contempt/anything. He allowed it to happen by not acting quickly.

    It's time to file for a specific long distance parenting time schedule. Send him to deltabravo.net for examples for his state. He might be able to do this himself, or he might need an attorney -- that depends upon him.

    *edited to add: and this is not at all a matter of "crossing state lines with a minor." Just FYI.
  10. #10
    Proserpina is offline Senior Member
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    Yes, Dad NEEDS to speak with an attorney.

    At the very least he needs to file for contempt EVERY time she denies his visitation.

    Having said that it doesn't look so good that Dad didn't object four years ago to the move; he's more or less told her "ok".

    Mom won't be arrested for denying him parenting time. It's not a criminal matter. Dad needs to get his butt into gear though and get this fixed.

    Is daughter diagnosed as anorexic, btw? If yes, what is her treatment plan? If no, why not?
  11. #11
    CJane is offline Senior Member
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    Ok... TIMELINE

    Please correct me if I'm wrong.

    Divorce in 2004 or so. Dad moves '1 state away'
    Dad moves BACK to IN 3 months later
    A YEAR later (2005), Mom moves '1500 miles away'
    TWO YEARS LATER (2007) Dad moved to THAT location?

    At the crux of this is visitation denial?

    Who diagnosed the child w/an eating disorder?
  12. #12
    kimberleycdh222 is offline Junior Member
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    yes, the child is diagnosed anorexic, dad and i put her in treatment, because mom said it was just a phase that she weighed 69lbs at the age of 13 and a height of 4'9". The drs said that she has to 6 small meals daily, if dad is 10 minutes late, daughter screams that dad thinks she is fat and that is why he did not feed her on time... she is 13 and cant feed herself. We follow drs orders, just dont do it to the mothers expectations. She is anorexic. mom is not supposed to contact the child more than once during the weekend, so she texts her and this too is against the judges orders, she puts herself in every moment of dads parenting time by texting. Dad forwarded the texts to his phone as proof of the violation. Dad has made mistakes as all parents do, but he has never tried to make his daughter feel like she should not love her mother or choose between them. the mother constantly indulges the child so that she is favorite parent, that undermines dad hugely.
  13. #13
    LdiJ is offline Senior Member
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    Quote Originally Posted by CJane View Post
    Ok... TIMELINE

    Please correct me if I'm wrong.

    Divorce in 2004 or so. Dad moves '1 state away'
    Dad moves BACK to IN 3 months later
    A YEAR later (2005), Mom moves '1500 miles away'
    TWO YEARS LATER (2007) Dad moved to THAT location?

    At the crux of this is visitation denial?

    Who diagnosed the child w/an eating disorder?
    And if she moved in 2005, dad gave permission for the move by not protesting it at that time.

    However, I am still uncertain that she has given us an understandable timeline...or that we understand where everybody lives now.

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