Dear JA Customer:
Thank you for allowing me to assist you with your question.
Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.
Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.
There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let's address your question!
I am sorry about your situation and the stress that it is causing you. First, if there is no relocation prohibition, then she can move, however, you can file a motion for modification and for contempt for her actions which has substantially interfered with your rights and visitation. Kidnapping would be stretch and you can allege it, but you would be better served to concentrate on the fact that she is denying you custody and visitation and thus has violated the courts order. You would want to petition for full custody and supervised visitation for her so that she does not have an opportunity to abscond with your child again.
One caveat, if she is hiding her location, then that could rise to 'kidnapping' and that is something you can discuss with local law enforcement, but they will probably direct you to look at the civil courts for assistance, as I have written above. If you can afford to hire an attorney, it would greatly speed things along and you should be able to recover your attorneys fees from her because of her 'bad acts'.
I wish you the very best.
Thank you again for trusting us with your problem. Good luck and Godspeed.
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Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.
DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.