Family Law Questions? Ask a Family Lawyer Online.
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Where was the divorce/child support/custody order entered?
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I will provide you answer to your question. Remember, to click the accept button and leave feedback at the end of our correspondence. If your wife took your son out of state, while a court order was in place regarding child custody, without petitioning the court first, she is in contempt of court. However, you can file the order to show cause, to allow her to explain to the court that entered the order to ask her why she did not comply with the court order. Also, If you wish to get her served with either the Petition for Contempt or Order to Show Cause, you can inform the clerks office on the form that is provided that you wish the sheriff to serve her. If that is not available to you because she is out of state, you can serve her with the papers via a process server, or potentially by certified mail. You will need to check with the clerk's office to see if these options are available. Additionally, it would be best if you could file the cause in the court that entered the order, however, you could file it in CA, but she may petition to have it removed to UT.
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Thank you so much. Will she have to appear in CA if I file in CA and she doesn't petition to move it to Utah?