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custodial parent hiding. violating order

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bethdetroit

Guest
HELP SON GETTING HURT custodial parent hiding. violating order

hello I am from Michigan. My husband has a son who is almost 2 yrs. old. he has not seen him sence he was 6weeks old, due to the fact that the mom would not let him see the baby and he questioned if he was really the father. We had a paternity test and the baby is his. There is an order for child support that is now a year old. We just had the support modified. But we are having a big problem with the residence of the child. In the order it states that the child can not be moved out of the state without permission from the court. The mom moved the baby to Colorado about 7 months ago. And never gained permission. She also did not inform my husband untill she had allready moved. The court has just made a new order which says she has to move the child back within 14 days. But she has sole custody and the refree told us that Colorado would not enforce the order because it would be just a misdomeanor warrent if she dosent move back to Michigan so there is no physical way for the court to move her back, unless we get the order entered in Colorado. He also said we would need a lawyer to do this. I am wondering what is it that a lawyer would do and if we can get the order enforced in colorado without actually going there. Also the mom asked for an extention to give her time to show up for court, but she never showed. Now she has moved out of her cousins house and is avoiding the court and my husband. What can we do. She is useing the baby as a tool to get back at my husband and dosent care about what this will do to the baby.
 
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VeronicaGia

Senior Member
I'm hoping an attorney will help you with this, but I am guessing that you need to get the support order registered in the county she in which she resides in CO. But this is just my guess.

Was support lowered with the second court date?
 
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bethdetroit

Guest
thanks

Yes support was lowered. The mom gave false info the first time around, and got an ex parte order so they went only by her info and never asked us anything about him amount of income. They now know what my husbands real income is and they also know hers too. So yes it was lowered.
Also I am aware that we would have to enter the order in the county where she stays, She lives in Denver, CO so I think it is Douglas County. I just don't know how to go about doing it, or If he will have to get custody to get it entered. Any more info would be helpfull. Dose anyone know what a lawyer would do in this situation? The mom has sole custody and is, as of now thumbing her nose at the court.

:confused:
 
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VeronicaGia

Senior Member
Is she receiving and cashing the support checks? If so, she can be found by FOC here in MI! I would make sure she is cashing those checks, because I do not know what happens to that money if they cannot find her to pay her. Our order is in CA, and they have a law that states that if CP does not cash checks for 6 months, money is returned to NCP, however, if CP magically appears, NCP will have to repay. Some states keep that money so this is important!!

I don't know of an attorney in CO, but this website has attorney referrals. Also, try www.deltabravo.net, go to the Fathers Issues board and ask there. That site also has attorney referrals.

You may also want to write a letter to our Attorney General, Jennifer Granholm, enclose a copy of the order and ask her how to get CO to extradite her back to MI. You may want to copy the Attorney General of CO, since the order specifically states that she is not to leave the state. This is MI law, and she should be made to come back here!
 

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