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

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Just a shot in the dark...But you lived in GA briefly, did you not? Does she have family there? Do you have a relationship with the maternal grandparents, aunts/uncles...??

What about a PI? In all reality, it's more affordable than you'd guess. All you're asking for is an address.

Furthermore, if you think she purchased a home in GA, property transfers are public record, check those.

AND if your CS is through GA CSE then she may have updated her address with them. You could call your caseworker (if the case has been xferred to VA, you have to call the 800 #, leave a msg for the caseworker and then wait for them to return your call, but you can also send an email)
 


I had already filed for a modification of my visitation last week and I got served by the sheriff for my modification court date today. I know she got hers last week, because she text me cursing me out. I think that is when she decided to move or something. She was still here when she got served by the Sheriff last week.
What state is that in? When is your court date?

I know you don't want to hear this, but you really need a lawyer. Do anything you can to get one. If she was served, moved after, and you have all this documentation about her denying you, that could really come back to bite her, but you have to do it properly. It is too important for you to not get a lawyer. If there is a procedure to be followed and you miss something, you could end up with your daughter permanently in another state, simply because you didn't know.
 

gr8rn

Senior Member
Proseme, have a friend make the trip when you pick up your child. When you pick her up,have the friend follow the ex and get the address for you.

I did this when the courts did not help me find out where my ex was taking my son. He would call me in the middle of the night and make my son cry and hang up. I had no way of knowing where to send the police. The next visitation weekend my boyfriend followed them home and got the address for me.
 

acmb05

Senior Member
Just a shot in the dark...But you lived in GA briefly, did you not? Does she have family there? Do you have a relationship with the maternal grandparents, aunts/uncles...??

What about a PI? In all reality, it's more affordable than you'd guess. All you're asking for is an address.

Furthermore, if you think she purchased a home in GA, property transfers are public record, check those.

AND if your CS is through GA CSE then she may have updated her address with them. You could call your caseworker (if the case has been xferred to VA, you have to call the 800 #, leave a msg for the caseworker and then wait for them to return your call, but you can also send an email)
Will do no good. They are not allowed to release that information to anyone.
 

ProSeMe

Member
She may have legal custody now, but there's no guarantee it will stay that way.
My dream :rolleyes:

I would arrange to meet the child and bring along another adult who can serve her. Or have the police available to serve her.
The court say that the DO NOT allow anyone to touch the serving documents. They can only send a serif to an address. They can not arrange anything with me so that the sherif comes with me when I go see 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.
What is an "ex parte hearing"? This would be a good route if it can be done in Virginia and would get me back my child.


Just a shot in the dark...But you lived in GA briefly, did you not? Does she have family there? Do you have a relationship with the maternal grandparents, aunts/uncles...??
She is from GA. The city she says she lives in is about 2 hrs away from the city her family is in.

What about a PI? In all reality, it's more affordable than you'd guess. All you're asking for is an address.
What would be the range of prices for PI? What should I expect to pay?

Furthermore, if you think she purchased a home in GA, property transfers are public record, check those.

AND if your CS is through GA CSE then she may have updated her address with them. You could call your caseworker (if the case has been xferred to VA, you have to call the 800 #, leave a msg for the caseworker and then wait for them to return your call, but you can also send an email)
No, she is a bum on society. She has no career or goals with her life. She is one of the "users of the system, milking for all she can get".

I called, but all they can do is have the case worker talk to her about visitation. Who knows, that might be a good thing if she tells the case worker about what I wrote in the emails with her parental kidnapping.

What state is that in? When is your court date?
Everything court related, living related happens in VA. We have both been here for the past 4 years. Court date is mid-November.

Proseme, have a friend make the trip when you pick up your child. When you pick her up,have the friend follow the ex and get the address for you.
I was thinking of something like this. I have a friend who lives there, but unfortunately, he is out of the country right now. I do not think he will be back anytime soon. Maybe a month or so time. When he comes back, I can try to get him to do that with me.
 

LdiJ

Senior Member
Just as an FYI dad, she has not committed parental kidnapping YET. A custodial parent cannot actually commit parental kidnapping. Right now her "crime" is that she has violated the court order.

If a VA judge orders her to return the child to VA, and she does not comply and hides the child, THEN it will be parental kidnapping.
 

BL

Senior Member
Just as an FYI dad, she has not committed parental kidnapping YET. A custodial parent cannot actually commit parental kidnapping. Right now her "crime" is that she has violated the court order.

If a VA judge orders her to return the child to VA, and she does not comply and hides the child, THEN it will be parental kidnapping.
Wrong.

LD ,I really think you should read the links I provided .

Under Joint " legal " custody , it is abduction .

Read the appellate ruling .

Most if not all State's have Joint " Legal " Custody parental interference laws .

I wouldn't have provided the links I did without reading them .

I have read Child Abduction booklet through State clearing house through missing children's .

When it boils down to it ,is weather the DA. choses to pursue criminal prosecution.
 

LdiJ

Senior Member
Wrong.

LD ,I really think you should read the links I provided .

Under Joint " legal " custody , it is abduction .

Read the appellate ruling .

Most if not all State's have Joint " Legal " Custody parental interference laws .

I wouldn't have provided the links I did without reading them .

I have read Child Abduction booklet through State clearing house through missing children's .

When it boils down to it ,is weather the DA. choses to pursue criminal prosecution.
I have read the links you provided.

First, I don't put much weight in those kinds of "charts" found on the internet because in my experience a great deal of inaccurate information ends up on those charts. I haven't seen one yet, on any family law topic, that didn't contain some seriously inaccurate information.

I also read the case you linked and in that case the parents had joint legal AND physical custody with very specific custodial periods for each parent. In the OP's case they have only joint legal custody, and he has that pesky reasonable and liberal visitation.

VA does have strong laws for custodial interference but without defined custodial periods for the OP, there is little to no chance that he could have mom charged with custodial interference at this point.

Therefore pushing the OP to consider this to be parental kidnapping is not helping the OP.

He has a very strong case to convince a judge to order mom to return the child to VA. Strong enough that he shouldn't be muckying it up with attempting to get mom charged with parental kidnapping, because quite frankly, with only joint legal custody and reasonable and liberal visitation, he is not going to prove a case for custodial interference....at least not at this time.

He can get her served, even if he has to hire a process server in GA to be present when she meets him for visitation with the child in GA.

He might even be able to get a judge to order an ex-parte, temporary, emergency custody order that would allow him to take the child in GA and bring the child back with him to VA when they meet for his visitation in GA.

I honestly don't believe that she has committed custodial interference...YET...and I think that his case is strong enough that he doesn't need to mucky the waters with that at this point.
 

mistoffolees

Senior Member
I have read the links you provided.

First, I don't put much weight in those kinds of "charts" found on the internet because in my experience a great deal of inaccurate information ends up on those charts. I haven't seen one yet, on any family law topic, that didn't contain some seriously inaccurate information.

I also read the case you linked and in that case the parents had joint legal AND physical custody with very specific custodial periods for each parent. In the OP's case they have only joint legal custody, and he has that pesky reasonable and liberal visitation.

VA does have strong laws for custodial interference but without defined custodial periods for the OP, there is little to no chance that he could have mom charged with custodial interference at this point.

Therefore pushing the OP to consider this to be parental kidnapping is not helping the OP.

He has a very strong case to convince a judge to order mom to return the child to VA. Strong enough that he shouldn't be muckying it up with attempting to get mom charged with parental kidnapping, because quite frankly, with only joint legal custody and reasonable and liberal visitation, he is not going to prove a case for custodial interference....at least not at this time.

He can get her served, even if he has to hire a process server in GA to be present when she meets him for visitation with the child in GA.

He might even be able to get a judge to order an ex-parte, temporary, emergency custody order that would allow him to take the child in GA and bring the child back with him to VA when they meet for his visitation in GA.

I honestly don't believe that she has committed custodial interference...YET...and I think that his case is strong enough that he doesn't need to mucky the waters with that at this point.
I agree. "Reasonable and liberal visitation" wording should NEVER be a part of a divorce decree.
 

BL

Senior Member
I have read the links you provided.

First, I don't put much weight in those kinds of "charts" found on the internet because in my experience a great deal of inaccurate information ends up on those charts. I haven't seen one yet, on any family law topic, that didn't contain some seriously inaccurate information.

I also read the case you linked and in that case the parents had joint legal AND physical custody with very specific custodial periods for each parent. In the OP's case they have only joint legal custody, and he has that pesky reasonable and liberal visitation.

VA does have strong laws for custodial interference but without defined custodial periods for the OP, there is little to no chance that he could have mom charged with custodial interference at this point.

Therefore pushing the OP to consider this to be parental kidnapping is not helping the OP.

He has a very strong case to convince a judge to order mom to return the child to VA. Strong enough that he shouldn't be muckying it up with attempting to get mom charged with parental kidnapping, because quite frankly, with only joint legal custody and reasonable and liberal visitation, he is not going to prove a case for custodial interference....at least not at this time.

He can get her served, even if he has to hire a process server in GA to be present when she meets him for visitation with the child in GA.

He might even be able to get a judge to order an ex-parte, temporary, emergency custody order that would allow him to take the child in GA and bring the child back with him to VA when they meet for his visitation in GA.

I honestly don't believe that she has committed custodial interference...YET...and I think that his case is strong enough that he doesn't need to mucky the waters with that at this point.
Joint legal is not defined by visitations .

You can rant and rave all you want . The poster can come to his own conclusions .
 

LdiJ

Senior Member
Joint legal is not defined by visitations .

You can rant and rave all you want . The poster can come to his own conclusions .
I am not ranting and raving. I am applying legal logic. He has a VERY strong case without muckying up the waters with custodial interference/parental kidnapping.
 

BL

Senior Member
I am not ranting and raving. I am applying legal logic. He has a VERY strong case without muckying up the waters with custodial interference/parental kidnapping.
Once proven the other "legal " parent willfully remove the child with the intent to permanently remove the child from the jurisdictional State , the PKPA applies until the SOL runs out .

What a particular Judge does with it , is another question ,but to say the poster would be mucking around when it's perfectly legal argument is absurd.

Certainly you're not suggesting it would hurt his case ?
 

TinkerBelleLuvr

Senior Member
check out readnotify.com.

it allows you to put a tracker on emails that are sent that can be used in a court of law.

I've been using it on my correspondence with my X. Never know in his case when he decides to be stupid.
 
Okay from my understanding of VA law. Since this poster has "reasonable and liberal vistation", it would not be considered parental interference or kidnapping of any kind, if she does not let him see child for the next month. He needs to go to court and have days specific in his order, to prove even that Mom willfully held child from him.

Until Mom has shown that she is no longer residing in VA or Dad can prove Mom is not on an extended vacation from VA, he cannot say she moved.

When he goes to court in November (which is a long time away so he must be in a highly populated area of VA) he will need to know for sure Mom is no longer residing in her previous address, so a statement from her previous landlord would help. If he can have landlord come to court even better.

Serving Mom, he can have a friend serve Mom, if he finds out where she is staying. PI prices vary and since this is goning to be out of area, they will definately be higher in costs. Money I would use on an attorney to see if attorney can find out where Mom is.
 
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