Bakersfield, CA asked in Child Custody for California

Q: My exwife moved to across the country and took my son. Where do I go for help?

My son has lived with me for almost 6 years in California. He attended Elementary, Middle and High School with me. This summer he went to visit his mom. He had a scheduled return flight but she never returned him and now they both live in Atlanta. I have not seen him since May or spoken to him since July. My ex used to live in Las Vegas which was only a 4 hour drive from me. This summer she moved to Atlanta and now I have no contact. She did not contact or get approval from any court to move with him so far away. According to what I am reading in my divorce papers she was supposed to get approval to move. I feel like my son has been kidnapped and moved so far I will never see him again. I don't know what to do or where to go for help? Or what state to start looking for help in? My divorce took place in Nevada. I lived with my son in California for the past 6 years. My ex now lives in Atlanta. Where do I start to look for help and in which state???

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1 Lawyer Answer
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
Answered
  • Divorce Lawyer
  • Santa Monica, CA
  • Licensed in California

A: You need to get to court IMMEDIATELY. You have what is called an interstate case. This case is complex because you have three states involved, and I need to speak with you to give you specific information.

The general rule is that Move-Away cases require at least a hearing, if the parties don't agree on the move. They are painful cases to decide and have many factors such as, How well do the parents co-parent? Why is the one parent moving? How long has the child been in their established school system?

I would very much like to talk to you about this. I covered this topic in my book A Man's Guide To Child Custody, available at my website, www.MensFamilyLaw.com for e-book download.

If she is wrongfully withholding your son, you have a case of parental kidnapping and yes you need to get a court to take action, it is not acceptable for your ex to keep your son from you.

1 user found this answer helpful

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