Q: We share custody and she picks our son up in the Am and never brings him back. Sends me a text message she moved to NY
My son's mom and I have never been married. We have had shared custody in Ohio for almost two years for my 6 yr old son. His mom was the residential parent and was supposed to have him on Monday thru Thursday and I would have him Thursday thru Sunday. She has been unstable financially and moving place to place. She was evicted from her home in October 2014. He has been living with my wife and I since then. Then yesterday she asked to pick him up in the morning. Later that day I asked what time she was bringing him home and she sends a text message saying that she moved him to NewYork. I had no idea this was her intention. What are my rights? I feel like he was kidnapped.
A: It's not really kidnapping, but interference with child custody is a criminal offense, and a felony, when it involves transporting the child across state lines. So, you could report the matter to the police. Clearly, this may not be the best route to take as a family, but it is one option. You could also go back the court that arranged your shared parenting agreement and file a motion to hold her in contempt for violating the terms of the agreement. The court will likely schedule a show cause hearing and require her presence at the hearing where you all can try to work it out.
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