What happens when a parent tries to move out of state without a custody order?
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- Опубликовано: 11 сен 2024
- Subscribe! Attorney Brian Thomas Mayer explains what happens when a parent tries to move out of state without a custody order. mayerlegal.com
Let’s face it. If mom does it without permission it’s no big deal. If dad does it, it’s kidnapping and he’ll be facing a significant number of charges. If you’re a father, prepare yourself for the fact that you’re going to lose every step of the way. Consider yourself fortunate if all you do is lose money.
Yup
Yep
I agree. I call it the multi court assault. Use criminal courts to inflict maximum pressure.
Not true
TBH I’m a man and this isn’t true it just depends on how hard your willing to fight file a case the courts will take it
My ex took off out of the state with my boy, from Tennessee to Ohio. The judge told her not to. I haven't seen him in 14 years. Everything I tried, failed. Lost my own child.
Yup mine left the USA :( during the divorce proceedings
14 years take yo ass out there bro.
You didn't lose your "child". Your ex took off with your son.
This happens bcz kids growing w single mothers are future private prisión systems tenant and criminal system make millions on taxpayers $$$ obviously systems need fresh wood to keep fire on
Yeah my wife just had me arrested and jailed and then fled the state with my kids all on her own word, and it’s funny because I filed for custody the day I was arrested, she found out, retaliated, it worked. They served me immediately and gave her temp custody and me NO VISITATION, then I apply for emergency custody the next morning and my reasoning was the same “she’s going to run she told me she is going to get me arrested and run while I’m in jail” and the next day I’m sitting in a jail cell and my mom goes to check on my kids for me and nobody is there. She checks my son’s tablet location and they’re on their way to nc. You know why? Because the paperwork from yesterday wasn’t served to her even though the town is tiny and takes 5 seconds to drive across the street to serve her the order of protection that the judge ORDERED she couldn’t leave the state during
I miss my kids. Now I’m facing 4 misdemeanor and a felony. I’m an honorably discharged 8 year army vet. I miss my kids. I don’t know if I can make it through a life without my kids and I’m scared.
In the same boat bro! She left from Michigan to Arizona 2 years ago with my daughter and I just got divorce papers today! She wants full custody and for me to pay 1100.00 a month child support when Ill never get to see my daughter. This has been so painful! 17 years we were together!! I came home one day from work and she was gone! If the court makes me pay child support im just going to end my life! How can females get away with this shit? I did all I could to fix if!
I have sole custody of my child and need to move due to financial hardships
Hi! My ex (never married) moved to AZ from California a couple of years ago. We have never been to court, but I’m thinking of moving out of California myself. He sees our son 2 weeks in the summer and sometimes spring break week. And last year he had him for thanksgiving break (one week) I’m willing to keep that same schedule that we have worked on. He hardly calls my son and doesn’t help monetarily. But I feel once he realizes I’m moving out of state with my new partner he might want to fight it.
I’m in a similar situation & I don’t know what to do . Me and my child’s father aren’t married
good i hope he does if that man has a relationship with his kid because even bother to move that is only going to hurt the child in the long run.
@@mr.stoneyloney3256 Did you read my post? Look at how many times out of the year he sees him. How will me moving to another state change that? The only difference is we would have to fly to AZ instead. How is it okay for him to move to AZ but I have to be stuck in California? 🤨
@@jessicam522 I apologize for that
what if the other parent isn't even using their visitation? we've only seen mother once in 6 months and she rarely even messages us.
What if parents never married and no custody order filed, but dad moves 2 states away suddenly what happens to mom and child?
Good question. I would like to know
What do you mean when you say the child has to be returned. What if the custodial parent already purchased a home in the new state?
i have an established court order and it is 50/50 with my daughters mom since 2015 . for years she has not complied and i know i should have took legal action sooner . but she moved out of riverside county to san diego county without a 45 day notice which is required in our orders.. she wants to switch her schools also and i do not agree . we both agreed on where she would go to school back in 2018.. i have now filed for modification of child custody and visitation and put in my stipulation that i would want to have our daughter majority of the time and put in it as well each violation of non compliance in our agreement and provided proof through text messages. i hope this works . i have majority custody not through court for a month now which is m-f and mother has her on the weekends only ..
I'd have no problem with it as long as it was communicated. It also depends on their needs
father has legal custody of son in NC for 11 years, mother moved to MO, son went to visit and it has been over 6mo. she refuses to give him back unless he signs over custody to her. whos jurisdiction is it? how do we get him back to NC
I am dad of a 6 yr old who was taking from his bio mom at 3 months she hasn't seen him since, I have sole legal and physical and I need to move out of state . I have family in another state that can help me
The "child" is property of the state. The "state" can have their own "children".
she met a man online , actoss the country, kept it secret from me. For 3 years theyve been planning to take my 2 daughters from me.
I have sole legal and physical custody and he has no visitation. Can I move out of state? From Georgia to Virginia
What if the mother was never married but had a child out of wedlock, and wants to move out of state with her military husband.
The father is never involved with the child in question but has the rights to visit.
Can the mother leave with the military husband with the child in question without any problems?
What do you recommend?
Thank you!
Can someone answer this question??
All in all, you got file with court to state your intention and affidavit in this regard
Im in same situation but i have a restraining order against my ex rn for two years and after a your possibly i want to move with my military man also my ex was very emotional abusive to me n his daughter n physically abusive to her at times. I think it should be allowed and i plan on furthering my career and he plans on helping me with doing that
What about when there is an order in place and the non-custodial parent violates the order and moved out of State. She is in hiding and we can’t find them.
How would the process work in my situation. Never married, no court orders or child support but we do co parent well. I have been wanting to move to Florida for years and he always shuts it down. My son would go to the best school, love near my
Family and his same aged cousins and have a wonderful life there.
Shauna Mar hi Shauna. It would work exactly as described in the video.
The son needs his FATHER!
It’s sorry women like you that make life so difficult on men and fathers in general. Why the HELL would you think that child would be better off around cousins and your family but AWAY FROM HIS FATHER??? You admitted you co parent well!!! So he’s a good dad, loves his son. He’s involved. How dare you. You’re a selfish little girl that wants what’s best for YOU. What YOU want. What benefits you more. How about stop trying to raise another fatherless son that will end up jobless and strung out due to lack of male influence, love and discipline from a father AND mother. You’ve already failed him by breaking the home and robbing him of a family unit. A mother and father at the same time together. Now you want to further propagate that nasty situation by completely excluding the father of any and ALL physical contact ? What a piece of garbage you are. Women think parenting is 90/10 they act like they don’t need a father until they need some 💰 100000% you will move if you haven’t already and put him on child support in Florida and call him a “dead beat sperm donor” like all the rest of the trashy women dogging out good fathers. I guess it’s how y’all cope with your guilt of stripping us of our parental rights ? My ex left with my 10 year old daughter. Moved 1200 miles away. I pay $2800 a month in child support. No custody order. She lived with me 50/50. We shared custody without a legal written order. So she just left and continues to collect child support and welfare from my state while in the other state. She’s been married twice since me and moved a total of 9 times in the past two years. Just house hopping with random men that is “the one”. You think that’s better for my daughter ? I’m a vet and a lineman. Excellent job. I’m remarried and own my home that I built two years ago. Been with the same woman since the mother and I split. (Since she cheated and left) have no additional children or desire. She’s had 3 kids with three diff men since me. But what you think the courts will say? And since I didn’t know about the 6 month rule I will have to go to court 1200 miles away. I can’t leave work that many times. Bc 10000% she will have dates continued and I’ll be flying out there 100 times and lose my job. Men Fathers in particular are growing to hate HATE women. Specifically single mothers. You’re the worst and lowest form of scum for the actions that are taken AGAINST men. We don’t stand a chance in family court. And if ever we do start winning y’all can always rip out that rape or sexual assault card ... that will ALWAYS shut any man down. Because it doesn’t matter if it’s not true. The damage is done once the accusations are made a man is destroyed. Court won’t risk not airing on the side of caution. That’s my biggest fear and all men’s biggest fear. Bc it’s far far far too common. And my ex knows that. She’s threatened to do that and so much worse if I don’t comply. So our only option once y’all get pregnant is to hope and pray that you’re not a trash person. But 9/10 times if you leave the relationship after that kid is born you become another “aiden is my whole world” generic lying dick hoping house to house government leaching welfare rat that only survives from handouts like child support and ebt. Then use the child support from the wealthy dad to support all the mixed kids you’ve made with absentee fathers, or less fortunate/ unemployed fathers. Smfh. I could go on and on about your type. Even if you haven’t left the fact that you had so little to probably NO remorse, shame or guilt in publicly advertising that you want to leave and move far away with your child against the fathers wishes and even trying to justify it Bc of school and what ?? Cousins? Mommy and daddy will baby sit and pay bills. Be real with yourself for once. That’s the real reason. Mommy and daddy are in FL and will watch aiden while you go out every night and hoe. Then they’ll give you extra money to do extra hoe stuff. I can peel you like an onion Siss but to save waisting any more of my day I’ll just describe you with one ... ONE... word. BASIC. YOU’RE BASIC AF U BASIC B***h
@@MadNlGER What if the Dad decides to move? These cases almost always go the way of the moving parent if they are the custodial parent. Very difficult for courts to assume that both parents are going to stay close to each other until the kid/kids are adults [sometimes 18 years]. Also, if the custodial parent is moving to a cheaper state, the courts can reduce child support. I know someone who was paying $1800 and now down to $850. I don't think someone would want to lose that much money if they didn't think the move was in the best interest of the child.
it doesnt matter what you want your life is done its about your kid life now and taking him away from his father if he has a good relationship is not good at all that is just messed up.
dude! weren't you on 60 days in?!?!?!
Thank you very well explained
Louisiana….
What if when mad day come, the mom threatens to take the child up North to her family because she knows you won’t be able to see him. Mom has stayed in Louisiana for 4+ years… wouldn’t Louisiana be considered her new home state? It’s more than 6 months. Child was born in Louisiana. Is there any law that prevents that from happening?
Let's say...the custodial parent has been granted effective 2 or 3 years ago and you're now ready to relocate. Does that still stand and the custodial parent just needs to give notice? Plus the non parent hasn't been active nor seen the child in over a year by their own (other parent) will not to do so and the other parent is over $10K in arrears in child support.
I fled domestic violence with my 1 year old while pregnant from Oklahoma back to my home state in Oregon. My toddler was born in Oklahoma. I got a restraining order as soon as I got to Oregon. I gave birth in Oregon. It has now been 6 months. Can I now file for custody for both my kids? My ex was often drunk around our kids and there was dv in the presence of our kids, hence why I left. He
What’s messed up is if she moves out of state no big deal she can still get me with child support but if I moved out it’s kid napping when will someone step up and change the system to make it tight for fathers
What happen if respondent don’t want to get served due to child custody?
So I moved to Georgia about 1 month ago with my 8 year old daughter. Her father who lives in Ohio, never filed for rights. Could the judge order me back to Ohio? Or would they automatically give custody to the dad?
He is filing for custody
I moved to be close to the only family I have
Hi what was the outcome of this?
Always get court permission to be safe
What do you do if you are in a committed relationship and had a child in Washington in the midst of moving your belongings to Hawaii where you have purchased land and spent decades planning and building homes where you would live permanently and 2 years later your girlfriend secretly files a false restraining order and immediately gets on a plane with your children while you’re at work. She pretended to be totally committed in the relationship and the father believed they were in a stable loving relationship?
My sister is 9months pregnant and wants to move to Arizona she lives in Nebraska right now but she knows that if she stays in Nebraska her ex will fight custody so she wants to avoid all that so she wants to move before she has her baby. Can her ex fight custody if she has her baby in Arizona.
Veronica Diaz why wouldn’t he?
well duh why would she just want to leave and take the kid away from him. heck yeah he better fight for it
Do I need consent when the mom has been absent for years and I can't find her?
The question is not whether the other parent can be found. The question is what, if anything, the court has ordered.
With my situation the other parent is not paying child support and I want to move but within the state can I do this ?
File for financial abandonment
If you’re wife takes your child and leaves, moves to another state. Then you file in the state that’s “home” I mean isn’t there a 75mi radius? California has all kinds of different laws so it’s hard to ask and know if it apples to say Oklahoma
The UCCJEA is adopted by all states except Massachusetts, and even Massachusetts’ laws are materially similar with regard to custody jurisdiction.
can we fight for the child custody? she left with two children without any notice, my son (father) and myself have been the care takers of the children since birth. she is military and does not have any family in the new town she is moving to.
i still don’t understand how a parent can uproot, ruin, split up, and take away virtually all their children had, just to impulsively move for a romantic relationship virtual stranger.
then. try and mostly succeed to get every other close family member-save for the spurned other parent plus a left behind college freshman aged child-to move to a strange land
or how the other parent doesn’t try at all almost after being spurned and the other focuses on romantic relationships.
then when any emotional upset or even abysmal outcome occus in the children, parents grapple to understand why and end up saying child is at fault each time
Narcists people does that to extorsión other part very Typical today in every divorce case
I have a dv restraining order and he is in jail for violation. I don’t feel safe can the court help me with the process to move to another state?
what if there is abuse of a parent in home state and other parent left state and obtained a restraining order in new state based on evidence presented? what if the abusive parent had a heabus corpus grantedin home state?
On an emergency basis, courts can make temporary custody orders regardless of whether it is a court of the child's home state. This is typically seen when there's a temporary custody order made pursuant to a temporary restraining order. However, jurisdiction will ultimately revert back to the minor child's home state.
even if 2 year restraining order is granted in other state?
well, my son was held in contempt and thrown in jail until he presents the child to the courts on habeaus corpus despite knowing there is an active restraining order because of abuse In another jurisitiction. I find it unethical to force him to disregard the other judges order. when the order states only she herself can modify order. My son was specifcally told she was not to be taken from the state????
I wouldn't even know how to find her to have her served, we would be homeless by then
If you haven’t already, consider subscribing to my channel. I have a video about how to serve someone who can’t be found.
I think I saw you on 60 days in on tv
Lmao
How about a step parent? I have full custody of my child and she is not her mother. My child doesn't even want to see her but the judge gave her visitation 1 day every 2 weeks.
My apologies but I don’t understand who’s who in this question.
I served my ex fiancé with a order of restraint and she still left the state of California. The court has still been blind to this blatant disregard. I deal with this whole case on the 17th. If possible I would like to talk with you regarding this.
Not surprising especially from California.
What’s was the out come?
@@AENG1991 I had to refile to get on docket the hearing for an actual case to be seen before Judge Freestone will be on the 27th. I’m lit because I know it’s going to work out in my favor. Based on the things I have come upon in my research and efforts to get closure to this situation, it will be a win.
It’s taken a lot of patience and application of the willingness to do the work to prevent harassment from her or the family court in general for the next decade and a half. This journey has been so worth it. YOLO so I might as well go in swinging with all my ace effort.
Message me here on the 27th after 10Am and I’ll tell you for sure what the decision became. 🧙🏼♂️🙌🏽✨✨✨✨
@@SonicboominOnEm That’s how I feel as well. I’m praying it works it all works in your favor.
@@AENG1991 thoughts literally become things, how you think about things and the outcome is the energy you give it to manifest solutions and specific outcomes. Watch this video, it has helped me uncovered a hidden layer on how to approach this and which, so far, has brought the results I was looking to have.
What if you're moving just to a different part of the state of California
So I have a question, I haven’t been with my husband for a year now but had to file a 50b against him for making threats towards me, can I move out the state with my child? Or I can’t because of the 50b
If mother have jint custody and parenting time. Father has the primary. Custody of kids then mother can move to different state for fianacial hardship , having lots of health issues and want to move to other state where she has family or relative support...
Does a dad who moves out of state for a job still have legal rights over a child? Even if he took a job for 3 years and will only take about 3 weeks for vacation per year. Baby is 11 months and doesn’t talk.
Moving out of state does not terminate or modify one's parental rights. It can affect those things, obviously... for example, if the parent isn't there to be physical custodian, that will likely affect their physical custody rights. However, it's a treacherous situation for the parent who moves because, depending on the particulars, the move could constitute abandonment, and that could be the foundation for termination of parental rights later.
@@brianmayer28 I have a question I hope you can help!I've been looking for someone to answer simple questions. I was granted sole and legal custody of my 2 year old child due to domestic violence.i do have a 5 year restraining order against father.he was granted supervised visitation but has not seen his kid since November 2021 last year! They wanted me to file parentage in court before I took off to live in another state?so what if parentage Is established and we both legal parents. Due to me being sole and legal custody will it be easier for me to move out of state? Will it be a quick answer?and when I am able to leave out of state will I have to go through California or the new state for him to get visitation?
Nothing happened to her our system is jacked
What if one has physical custody and permission from the mother,can you move to different state and not have any ramifications? [Really need an answer soon plz]
Define your'CHILD', as son or daughter
My baby momma left and never told me she move to hawaii and didnt tell me about it and she live there for 3 months but we never married and she said I will never see my child again and I have proof is there anyway she have to come back to the homestate that my daughter born in Alabama
Tyrus Brown it’s possible that a court would order a child returned to it’s home state. You’ll want to consult with a local attorney and quickly - as explained in the video, time is of the essence. The longer you wait, the more likely it is that you will not be able to get the order that you need.
I tried to but they said the Alabama jurisdiction can't do anything about it
Can I represent myself in court for this without an attorney or a lawyer
Tyrus Brown I would get a second opinion. Yes, you can represent yourself.
@@Love-jg5gp 6 months
My partner is okay for me to move with our child from San Diego to Florida but I am worried he will change his mind once we are gone. Do I need to file with court or can I just have some type of document with his signature being notarized stating he gives permission? Thanks in advance.
I’m in the same situation, what did you did. ?
@@Enedilsy hi Maria, things are better. When he realized i was really moving and he was not able to keep us here, he said he would go with us. So, in the end things worked out for us. Get professional help from a family attorney if you feel your partner can make things hard for you. If you feel you guys can come to a mutual agreement just have a piece of paper, certified with his signature on it stating he is letting you take the child/children so you don't have to pay for attorney fees. We are moving once school finishes ( June,2021).
@@fabisobe what would happen to an unmarried woman wanting to take the child with her out of state but the birth father is against it?
@@phoenixrising55555 if he goes to the police, its considered kidnapping, I am not sure if this applies to all States. But if your partner doesn't do anything you are okay
My ex just upped and mkved with my 6yr old sone from FL to Oregon with her violent bf who is facing strong armed robbery in FL and left without telling me. Will the police do anything?
Get cps in Oregon involved
My son is paying child support and his kids live with his wife she left him at the time to live with her boyfriend but he didn't want anything to do with her kids so they broken up and she now live with her mom and her kids my son no longer live with his wife in the state of Hawaii but his still paying her child support and he does 'nt make enough money on his job)
What about if the child is 17 grandfather has legal custody and parent has physical custody due to domestic violence what happened years ago and wants to better life 🧬🧬 for the sake of the son and me where the grandfather is older
How bout ny to California? With never going to court yet for anything?
Without consent
Make sure no longer than 6 months correct
My daughter has Full custody of her sister and brother the grandmother has visitation she picked the kids up for Christmas they were supposed to be back January 2 she refuses to return the children she took them to North Carolina North Carolina will not help with the emergency pick up order what shall I do
illinoislawforyou.com/child-custody/uccjea-child-returned-to-father/
If she has full custody and she has a court order she needs to take that to the sheriff department or call them and see if they will enforce the order and pick up kids. You must check to see if North Carolina honors UCCJEA and the kids have to not been there more than six month.
So I have DV TRO against my ex in CA. He has criminal arraignment soon and he's nonresident alien. I plan to move to out of state within the next 5 years. Does my case still involve out-of-state order?
printedtea hi. Based upon that information, I don’t know. There’s not enough information to say, plus you’re talking about something that might happen 5 years from now. It’s normal to be curious, but there’s just not enough information here to make an assessment.
Hello im 15 years old and i live weith my dad and step mom and her 3 kids, i dont lije it here and dont want to live here, i want to move to my moms but i dont know how to go about doing it...my dad said he had full custity of me and my mom told me its joit custity, i want to live with my mom someone plz help me
Be thank full you fuck your dad loves you your mom prolly gives him hell
How is your mom doing and do you have contact with her
@@armedanddangerous711 yes i have contact eith her and shes foing good,i dont see her much
It's OK to want to move, but please keep in mind that your father and stepmom are doing the best that they can do. Furthermore please also understand that your mom may impose similar rules as they are in your best interests. I also implore you to tread lightly because it is very common for a teenager to not like their living arrangements. Then ask yourself and be honest, " am I safe, are my parents breaking any laws or exposing me and my siblings to illegal drugs.Depending on the answers to these questions will let you know if there needs to be change.
I would write a letter to the judge hope he speaks with you. If you want to move with your mother that's your choice no one else. Good luck hope things work out.
Stop giving benefits for kids then this all will stop 🛑
It's a free country. Let them move.
The parent can move wherever they please. The problem is when a parent moves a child with them over the other parent’s objection and without a court order.
@@brianmayer28 The parent isn't moving a "child". They're moving their offspring. The court could care less as long it gets TITLE IV-D money from the feds.
I need an attorney for my niece 😩 I think she's in or close to Apple Valley. Any recommendations
Contact Schank & Associates at 951-999-4200. Tell them you are a Brian Mayer referral.
Soo I live in California and the mother on my child’s want too phoenix can she move without my consent for my preference I would like my kids to live in California closer to me