Ex Wife Took Kids to Another State now I cant see them?

[Todd12345]

What is the name of your state? Florida

My ex wife and I have three children together in the state of florida, one day last week she found out her dad died and she took the three children to NY to see him be buried. Last night she informed me she wasnt coming back to florida.

Now in our divorce papers it says that we have joint custody but the children would be at her address which is in Florida, in the papers it states that I am to have the children every other weekend , all holidays, birthdays, spring and winter breaks and if I move out of state that I can have them for the whole summer or if I did not move out of state that I get them for any four weeks of my choosing.

Now can she just get up and take off with the children one day and move like this without telling me or telling the courts?

I have been an excellent dad and this just isnt right is it?

 

[Hypocritical]

I have been an excellent dad and this just isnt right is it?

Nope. She's not above the law. (Psychologically speaking, she may be suffering from post traumatic stress after the death of her father – Speak with her. She may not be thinking clearly. But you would know that better than some forum-lurking stranger. Good communication is cheaper than lawyers, but I'm sure some legal advice is on it's way)

 

[Shay-Pari'e]

She left last week for his funeral and you already have divorce papers? This makes no sense at all.

Edit!

I misread that she was already your X. Sorry about that.

 

[Shay-Pari'e]

Now that I am done with my brain fart,

She is clearly in contempt of court. You can file contempt charges with the courts.

 

[Todd12345]

I was supposed to have them this weekend should I call the police or something?

 

[Shay-Pari'e]

I was supposed to have them this weekend should I call the police or something?

The police will most likely not do anything as it is a civil matter. File contempts charges Monday.

 

[Todd12345]

The police will most likely not do anything as it is a civil matter. File contempts charges Monday.

How and where do I file contempt charges at?

 

[Shay-Pari'e]

How and where do I file contempt charges at?

With the court that handled your divorce. They will have your case #, and the clerk can tell you what forms you need.

 

[Todd12345]

With the court that handled your divorce. They will have your case #, and the clerk can tell you what forms you need.

Thank you very much, wonder if I should file for emergency custody as well so she cant just come back and take them back to ny?

 

[Shay-Pari'e]

Thank you very much, wonder if I should file for emergency custody as well so she cant just come back and take them back to ny?

You could do that also. Think of the kids before disrupting their lives any further though. Good Luck todd.