Q: My husband and his ex have joint custody. She moved and changed her number in Dec. 2016.
He was able to find her phone number in Nov2017.Hes been asking for visitation or the whereabouts. She says (in messages) he doesn't have kids, refuses to even give us the city in which the children reside, tells him to relinquish his rights, he has no rights and he's nobody for her to give him information about "her" kids. They have a court order for joint custody.
We want to get custody since she kidnapped them, but he owes child support. Will we be able to take her to court although he owes?
A: One can seek enforcement of a custody order even if one has child support arrearages. It would be wise to talk with local counsel before doing so, as a counterpetition seeking enforcement of the child support portion of the order can be filed against him.
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