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Ex moving out of state- violating visitation order??

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AreliSegovia

Junior Member
What is the name of your state (only U.S. law)? Kansas

This question is being asked for my brother. His divorce was finalized in January if this year.

He has two kids (5 months and 3.5 years) with his ex wife. She has physical custody and they have joint legal custody. He was ordered to pay child support and has visitation on the weekends from 10-6p. For the most part, they have been abiding by this set up.

Last week, his ex wife mentioned she and the kids were moving in with a man that we have only known them to be in a relationship for 2 weeks. Around 3 days ago, she calls my brother and says that his job was transferring him to Texas and she and the kids were going to go with him. She said they would come every weekend to see my brother. My brother did not like this idea and said that they would go to court and see what a judge says about all of this. She agrees to wait until then.

Well, fast forward to today. She drops off the kids early. Shortly after, my brother calls her asking if the kids have been fed yet. Her new boyfriend answers the phone and answers the question. My brother asks if the kids could be picked up half an hour earlier because something work related came up. Her boyfriend tells him that it wouldn't be possible because they are heading to Texas to move the rest of their stuff and they would be back until April 8!

My brother was told by her that she would wait for a judge to consent and now he finds out that they have been actively moving their things to Texas. Not only that, he wasn't told he would have the kids for a while two weeks while she is in Texas with her boyfriend! He doesn't have a problem with keeping the kids here for that time, but the issue is that his ex wife is actively moving meaning it is a fact that his kids will be living there. And now she claims that she lied and will not be bringing the kids around every weekend, maybe once a month if she feels like it.

What can he do about all of this??
 


AreliSegovia

Junior Member
He needs to get this into court right now.
I agree. I've told him this. It is Saturday so he would have to wait until Monday. But he is really worried right now. We were wondering if getting the police involved was necessary at all? I mean, it's not like she took the kids with her, but she is violating court orders and I've known of some people to call the police in such instances.
 

CTU

Meddlesome Priestess
I agree. I've told him this. It is Saturday so he would have to wait until Monday. But he is really worried right now. We were wondering if getting the police involved was necessary at all? I mean, it's not like she took the kids with her, but she is violating court orders and I've known of some people to call the police in such instances.
Is your brother unable to sign up himself? If he's that concerned, he'll make the effort.

The police won't help - and people who call the police when grown adults voluntarily move out of state generally end up looking like twits. At least for the immediate future.

Get him here, and we'll help him.
 

AreliSegovia

Junior Member
Is your brother unable to sign up himself? If he's that concerned, he'll make the effort.

The police won't help - and people who call the police when grown adults voluntarily move out of state generally end up looking like twits. At least for the immediate future.

Get him here, and we'll help him.
He's here with me right now. He came over once he found out what was going on. We are not relying on just this forum for advice- this is just one where I already had an account and decided to post on with him telling me what to say.

But thank you about the police thing. We figured if she hadn't taken the kids with her, the police wouldn't care, and even so, who knows?

Looks like he'll have to wait until Monday. He's just a little frustrated because he was given the impression that the move was still under consideration and pending what court ordered once they brought it to the attention of the court.

He was definitely caught off guard today with the news that she just left him with the kids for two weeks without even asking so she can finish moving her things to a different state.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Kansas

This question is being asked for my brother. His divorce was finalized in January if this year.

He has two kids (5 months and 3.5 years) with his ex wife. She has physical custody and they have joint legal custody. He was ordered to pay child support and has visitation on the weekends from 10-6p. For the most part, they have been abiding by this set up.

Last week, his ex wife mentioned she and the kids were moving in with a man that we have only known them to be in a relationship for 2 weeks. Around 3 days ago, she calls my brother and says that his job was transferring him to Texas and she and the kids were going to go with him. She said they would come every weekend to see my brother. My brother did not like this idea and said that they would go to court and see what a judge says about all of this. She agrees to wait until then.

Well, fast forward to today. She drops off the kids early. Shortly after, my brother calls her asking if the kids have been fed yet. Her new boyfriend answers the phone and answers the question. My brother asks if the kids could be picked up half an hour earlier because something work related came up. Her boyfriend tells him that it wouldn't be possible because they are heading to Texas to move the rest of their stuff and they would be back until April 8!

My brother was told by her that she would wait for a judge to consent and now he finds out that they have been actively moving their things to Texas. Not only that, he wasn't told he would have the kids for a while two weeks while she is in Texas with her boyfriend! He doesn't have a problem with keeping the kids here for that time, but the issue is that his ex wife is actively moving meaning it is a fact that his kids will be living there. And now she claims that she lied and will not be bringing the kids around every weekend, maybe once a month if she feels like it.

What can he do about all of this??
Monday morning first thing he needs to show up at the courthouse and file a petition for emergency temporary custody based on the fact that the x-wife has moved to Texas without any warning and expects to pick up the children on April 8th to take them to Texas, and dad disagrees.
 

AreliSegovia

Junior Member
Monday morning first thing he needs to show up at the courthouse and file a petition for emergency temporary custody based on the fact that the x-wife has moved to Texas without any warning and expects to pick up the children on April 8th to take them to Texas, and dad disagrees.
Thank you. He will definitely do just that!
 

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