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Meigs
Meigs, Family Law Attorney
Category: Family Law
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Experience:  I am well equipped to handle any family law problem you might have.
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My ex-wife took my son out of state four years ago without my permission as stipulated in

Customer Question

My ex-wife took my son out of state four years ago without my permission as stipulated in the court order. I was ill and not able to fight her or pay child support. The last few months I am paying a portion of child support. I have since moved to California from Utah (she is in Montana). It looks like I need to file an Order to show cause. Do I do that in CA and will she be required to appear in CA? Do I file a Contempt order? I also only have a PO Box for her - how do I get her served? Thank you.
Submitted: 2 years ago.
Category: Family Law
Expert:  Meigs replied 2 years ago.

meigs004 :

Hello! I see that you are currently offline. Please post something when you return that way I can be notified of your return and can assist you in a live chat. I look forward to helping you!

Customer: Hello
meigs004 :

How are you this evening?

meigs004 :

Where was the divorce/child support/custody order entered?

meigs004 :

Do you wish to switch to a Q&A format, since it appears you are having difficulty in the chat?

meigs004 :

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.

meigs004 :

If this answers your question please click the accept button so that I may be compensated. This will not prevent you from asking follow up questions.

Customer:

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?

Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience: I am well equipped to handle any family law problem you might have.
Meigs and 8 other Family Law Specialists are ready to help you
Expert:  Meigs replied 2 years ago.
I am so sorry for not getting back to you sooner! If you file it in CA, and they accept jurisdiction, she will have to appear in CA, and answer your petition to object to jurisdiction. However, you may have a problem getting jurisdiction in CA originally, because the child has not resided in CA for a period of 6 months. The proper jurisdiction for the matter would be UT, or MT. Being that the child has been with the mother in MT for a period of 4 years. If at all possible I would try and file in UT, but you can try in CA.

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