Q: My wife's ex took her daughter to another state on a trip that my wife had informed the ex that she did not want the
daughter to participate. Her father took the daughter anyway out of his home state without my wife knowing. My wife has been awarded custody of the daughter who has lived with my wife since birth. What is my wife's recourse?
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A: Probably nothing. If he took the child on a trip during his parenting time, does it really matter if they went out of state? If the child is back safe and sound, that is all that matters. It's best not to try to micromanage what the other parent does during their parenting time. If he wants to take her out of state and let her eat jelly beans for dinner, let him.
A:
It depends on what the child support agreement or judgment says. If the agreement or judgment awards your wife sole legal custody of the child, then she may have grounds for a contempt action. Conversely if either document is loose in its terms, a Court will be loathe to hold a parent in contempt for a violation wherever there is "wiggle room."
I agree with my colleague in that a parent should really pick her battles, especially if she has joint legal custody.
As a step-parent, it's many times best to stay out of parenting issues related to the child unless your current spouse asks for your input.
A: Contact the local authorities to get her back, or, if that doesn't work, contact a local attorney about filing a habeas action in the county where she is currently.
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