Q: I have a couple questions about family custody
Hello my name is Savannah B.,
My husband has 2 kids by someone else . They were both living in San Diego . She had left to Las Vegas Nevada. So we decided to move to Las Vegas so he can be closer to his kids . Well we never saw them or she didn’t contact us . On his kids were about’s . She had called one day and said she was back in Youngstown Ohio. My husband never gave her consent on her taking them out of state . So how would we go about filling for full custody? mind you she has went to the hospital due to domestic violence in the home . We haven’t here’d from the kids mother nor the kids in a few months . I am highly concerned for the kids safety. If you can help us that would fantastic. Thank you
A:
A parent cannot move a child out of the child's resident state without either a Court Order or the other parent's consent.
I am not certain from your question and fact pattern if the parties already had a Custody Order in place before Mom moved away with the children. If there was a Custody Order in place, then Dad will need to file a motion for contempt and for return of the children. There are legal remedies available to Dad as Mom cannot unilaterally remove the children from the state without either the Dad's consent or a Court Order.
Janice Jacovino agrees with this answer
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