Joint Legal Custody - Can CP move out of state without notifying NCP?

[BL]

My child is about to start public school. Mom is on Section 8 housing. I am not quite sure, but I know she gets money for housing on a program that sounds very much like Section 8.

I knew her pre-school information last year (after mom mercifully granted me permission to visit school). I wish I knew my rights more before, but it is a learning process. I was thinking that kindergarten would be the same school, but mom is not very merciful now in giving me this information. That is why I went back last week to file a amendment to my visitation order so I can have a judge tell her that she can not keep these things from me. Now though, she has moved away, despite having a court date in November to amend the visitation and create a strict schedule. I included in the amendment that I want a no-move radius of 30 miles. I guess she saw that and figured she's better off moving before the court date.

If she doesn't return the child to the State either with the child herself or to you via e-mail ,you will have to locate them one way or another .

Try a mail letter with the words forwarding address requested , or hope someone with the authority will initiate a FPLS .Also if she shows in Nov. you let the court know that she's in criminal and civil contempt.

Secreting and denying you of your rights will only hurt her in the end.

 

[ProSeMe]

She is now saying that she will allow me to visit my daughter by coming to Georgia to get her for the weekend.

Is this a loop-hole that she found in "parental kidnapping"? Would it be that by she saying that "you can come her to get her for the weekend in Georgia", does that now make it no longer kidnapping?

How does it work since I am supposed to have "joint legal custody", but I did not have a "say" in legal decisions such as schooling of my child if she intends to live out of state, but allow me visitation if I come to the state to get my child?

 

[LdiJ]

She is now saying that she will allow me to visit my daughter by coming to Georgia to get her for the weekend.

Is this a loop-hole that she found in "parental kidnapping"? Would it be that by she saying that "you can come her to get her for the weekend in Georgia", does that now make it no longer kidnapping?

How does it work since I am supposed to have "joint legal custody", but I did not have a "say" in legal decisions such as schooling of my child if she intends to live out of state, but allow me visitation if I come to the state to get my child?

Dad, you are not thinking outside the box here.

If you go to GA to visit the child you will end up with mom's address. Once you end up with mom's address you can return to VA and file for a modification of custody based on the fact that she moved out of state without permission, and you WILL be able to serve her.

Accept her offer! It will get you the info you need.

 

[ProSeMe]

Dad, you are not thinking outside the box here.

If you go to GA to visit the child you will end up with mom's address. Once you end up with mom's address you can return to VA and file for a modification of custody based on the fact that she moved out of state without permission, and you WILL be able to serve her.

Accept her offer! It will get you the info you need.

Nice! Thanks for the suggestion. I guess its unanimous voted that I should be able to 'require' her to move back since her move would be in violation of my court order? I am about to go to the court today to see what they have in place to help me.

I already sent her a email telling her that she is in Violation of court order regarding custody and visitation; penalty and I require that she return my daughter to the state and I told her that I will be pursing legal actions if she refuses.

I am about to go down to the court now to see what they have in place to help me and begin the process. I would hate for it to be delayed too long causing my child to miss the first days/semester of school.

EDIT: Well, she told me that she would meet me in a public place because she does not intend for me to know where my daughter lives.

 

[LdiJ]

Nice! Thanks for the suggestion. I guess its unanimous voted that I should be able to 'require' her to move back since her move would be in violation of my court order? I am about to go to the court today to see what they have in place to help me.

I already sent her a email telling her that she is in Violation of court order regarding custody and visitation; penalty and I require that she return my daughter to the state and I told her that I will be pursing legal actions if she refuses.

I am about to go down to the court now to see what they have in place to help me and begin the process. I would hate for it to be delayed too long causing my child to miss the first days/semester of school.

EDIT: Well, she told me that she would meet me in a public place because she does not intend for me to know where my daughter lives.

A judge cannot require HER to move back, only that the child be returned to VA. Therefore if she refused to move back you could be granted primary custody.

Your other option for service is to have everything ready, go to the police down there ahead of time (before you meet her) and try to arrange for them to serve her in person when you meet in the public place.

 

[ProSeMe]

A judge cannot require HER to move back, only that the child be returned to VA. Therefore if she refused to move back you could be granted primary custody.

Your other option for service is to have everything ready, go to the police down there ahead of time (before you meet her) and try to arrange for them to serve her in person when you meet in the public place.

Well, I care about my child coming back, so that's great for me.

Great idea about the service too.

In the back of my mind, I am secretly hoping that she is lying to me that she moved away. I really hate fighting in court for something that could have been easily avoided by her. I hate having to play "hard ball", but me being included in my child's future is at stake, and I cant let it slip up.

Thanks for all the responses! This really gives me encouragement and hope that it will be better.

 

[BL]

Well, she told me that she would meet me in a public place because she does not intend for me to know where my daughter lives.

The she has a willful intention of permanently removing and secreting the whereabouts in a different State .

I already gave you the links .

Did you remind her it's a class 6 felony in VA. under Joint legal custody ?

What is her reasons for not wanting you to know their whereabouts and meeting in public ?

 

[ProSeMe]

Did you remind her it's a class 6 felony in VA. under Joint legal custody ?

What is her reasons for not wanting you to know their whereabouts and meeting in public ?

Yes, I reminded her, and I copied the Virginia code and sent her a link to it.

Of course, she is crazy and says "I fear for my safety". Nothing have never happened with me. In fact, the first time we were married, she was convicted of domestic violence against me. She has no grounds for that accusation, and in her same series of "email rants", the first one started out saying that I am not father to my child, my name is not on her birth cirtificate and blah blah blah.

 

[BL]

Yes, I reminded her, and I copied the Virginia code and sent her a link to it.

Of course, she is crazy and says "I fear for my safety". Nothing have never happened with me. In fact, the first time we were married, she was convicted of domestic violence against me. She has no grounds for that accusation, and in her same series of "email rants", the first one started out saying that I am not father to my child, my name is not on her birth cirtificate and blah blah blah.

As was said ,this is about returning the child to the home State and allowing you your rights .

If she refuses she can face criminal and civil penalties , paying your lawyers fees , and other sanctions.

Also ,you can request a change of custody ,and ask any visitations with her be supervised.

 

[stealth2]

I guess its unanimous voted that I should be able to 'require' her to move back since her move would be in violation of my court order? I am about to go to the court today to see what they have in place to help me.

Actually, no. YOU cannot require anything. Only the court can. And the court can only require the CHILD to return - if Mom chooses not to, the court can order the child into your custody. But again - that's a judge's call... not yours.

 

[milspecgirl]

even if you dont get mom's address, you may be able to get info just in everyday talking to your child while visiting. What is the name of your new school? Do you know the teacher you will have? Then, contact that school with your custody papers and they have to show you child's file which will have mom's address in it.

Do you have some new friends in your neighborhood? could get street names, etc.

You would be suprised what kids will reveal in everyday conversations. Do not pump the child or grill them, but have a conversation and LISTEN

 

[stealth2]

You would be suprised what kids will reveal in everyday conversations. Do not pump the child or grill them, but have a conversation and LISTEN

Which is exactly how 'Net predators find them.

 

[milspecgirl]

yep- which is why you have to teach your kids that even silly things they say can get them in trouble.

 

[ProSeMe]

Thanks for the suggestions milspecgril.

This seem like it is going to be WAY harder than I was hoping for. I went to the clerk of court today and found out that I can not do ANYTHING unless I have her address. I can not file any paperwork, because they need an address for the serif to deliver the summons to.

They gave me the form "Motion for Show Cause summons or Capias". It has reference to Virginia Code 18.2-456/16.1-69.24 for failure to obey the court order. I am now stuck without any way of finding her. I will try the talking to my daughter method and such, but those seem like long term methods. I researched heavily about FPLS, called them several times, but was unable to find any information in regard to getting one started. I called GA child support enforcement office trying to get her address, (long shot) and was unsuccessful, but they emailed the case worker for my case and they are gonna contact Mom about giving me visitation.

The clerk insist that the court have no tracking method for people and I have to do my own search and come back to file when i get an address. I think I am going to go ahead and file using her parents address while I continue my search. When I get the right address, I can go back and update it. What do you think? I just want it started.

I went to her apartment this morning, and it was empty. She is gone. Everyone I spoke to at the court was not enthusiastic about me getting back my child. They basically were saying she has physical custody, so she can do whatever she want and I don't have much say other than legal decisions like medical and such. I hope the judges in Norfolk are not like that...

 

[mistoffolees]

My child is about to start public school. Mom is on Section 8 housing. I am not quite sure, but I know she gets money for housing on a program that sounds very much like Section 8.

I knew her pre-school information last year (after mom mercifully granted me permission to visit school). I wish I knew my rights more before, but it is a learning process. I was thinking that kindergarten would be the same school, but mom is not very merciful now in giving me this information. That is why I went back last week to file a amendment to my visitation order so I can have a judge tell her that she can not keep these things from me. Now though, she has moved away, despite having a court date in November to amend the visitation and create a strict schedule. I included in the amendment that I want a no-move radius of 30 miles. I guess she saw that and figured she's better off moving before the court date.

She may have legal custody now, but there's no guarantee it will stay that way.

I would arrange to meet the child and bring along another adult who can serve her. Or have the police available to serve her.

I would also contact an attorney to see if you can get an ex parte hearing. It is possible that you could have temporary custody orders by the time to go to see the child - and be able to take the child back home with you.