When I made my daily call to talk to my children, my ex-wife told me that our kids traveled out-of-state for the weekend with her boyfriend during her parenting time.
I am furious about this because not only was I never notified that the children were traveling, but they aren’t even traveling with their mother.
What can I do to get my children returned and ensure that my ex-wife does not send them on trips alone with her boyfriend again when I could be exercising parenting time?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child custody laws where I am licensed to practice.
Where I practice, and likely in most states, notice must be given by the parent arranging the travel to the parent not traveling. Notice of any travel plans with the child should include an itinerary of travel dates, destinations, and places where the child or the traveling parent can be reached, or the name and telephone number of an available third party who who knows where the child or parent may be located.
In addition, since the child is not in the care of the mother, the mother should offer the parenting time to you as the father. Since the child is not with her mother, the mother should offer that time to you prior to giving the time to a third party as the right of first refusal, even though the travel may be for a reason other than that the mother is not available to care for the child.
Especially since the child is not traveling with a family member of for the purpose of visiting grandparents, for example, the court may order the immediate return of the child upon the request of the father.
In order to ensure that a child wrongfully removed from the state is returned, a motion may be filed with the court requesting the immediate return of the child in addition to possible contempt action if the mother’s actions violated an agreement between the parties or court order.
Your best recourse would be to seek out immediate legal assistance from an attorney who focuses on domestic litigation such as the divorce attorneys for men at Cordell & Cordell.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.