Ask A Lawyer: Can I Stop My Ex From Taking Our Daughter Out-Of-State?

Question:

My ex wants to take my 3 yr old daughter out of the state for spring break. I want to know if I have any say in this decision because I really don’t think I’ll ever see her again.

This is a never ending battle with her always trying to change our custody order or wanting to take her out of the state for weeks at a time.  Please, if you can, help.

 

 

Answer:

You need to consult an attorney in your jurisdiction as custody guidelines vary from state to state; however it sounds as though you may be able to file a Motion for Contempt because your ex-wife unilaterally changes your custody order. 

Your ex-wife should provide you with her location and contact information when she travels out of town with your daughter.  Unfortunately, the Court will not be able to keep her from traveling for spring break but if your ex-wife does not return, you may be able to obtain a court order directing her to return your daughter.

 

Tiffany A. McFarland is a Senior Attorney and Litigation Manager with Cordell & Cordell, P.C. in the Overland Park, Kansas and Kansas City, Missouri offices. Ms. McFarland practices exclusively in the area of domestic relations. 

Tiffany is licensed in the state of Missouri and the state of Kansas and is certified as a Guardian ad Litem.

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One comment on “Ask A Lawyer: Can I Stop My Ex From Taking Our Daughter Out-Of-State?

    My wife and I have 4 children.She has one dauther from another marriage.Her ex has custody of their doughter.He is in the navy and travels alot.A couple of years ago he left and went to virgina without telling her and she didnt see her doughter for over a year.We finaly got him back in court and nothing happened to him.She very rarly gets to she her doughter now.He has been doing these type of things since the child was 2 as that is when he got custody of her.My wife and I didnt expect to have the costody change but it happen.We dont use drugs we dont drink or smoke we just dont have alot of money.We take very good care of our other four children.They are healthy no problems or anything.They have had the same school since they started go to school.Now he is getting deployed to hawaii and he sent a letter to her saying that he was relocating and the letter states that she has 30 days to protest the move.what would be the best advise to handle this as we dont have the money to travel to hawaii to pick the child up on visits.She also has to pay child support to him.I am the only one that works in the family she stays at home and takes care of our children.Are there any lawyers in alabama that would handle probono cases.Where would we file the petition and how much does that cost . thanks..

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