Indianapolis, IN asked in Child Custody for Indiana

Q: How can I prevent my ex-wife (permanent resident) to leave US with my baby son who is US citizen?

We both signed an divorce agreement stating that if anyone of us will travel to Costa Rica for vacations the other parent has to be communicated in advance so he/she can travel as well and still enjoying his/her parenting time with baby in Costa Rica. She made the plans last minute and I can not go with them because I can not get vacation time from my work in such a short notice. She is planning to leave US with the baby with out me next week. How can I prevent her to leave the country breaking the agreement? I can not assure she is coming back any way!

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2 Lawyer Answers

A: you should contact the lawyer that represented you in the divorce. if for whatever reason that is not practical, you should contact an indiana divorce lawyer in the county in which you and your ex live.

Burton A. Padove
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Answered

A: Practically speaking, you will not be able to prevent her from leaving on such short notice. This is not the type of concern that the court will consider an emergency and most court dockets are too busy to obtain a regualr hearing date. You are entitled to makeup time and may be able to have her held in contempt of court. Contact your attorney.

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