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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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I have a 8 year old daughter that lives with her mom in birch

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I have a 8 year old daughter that lives with her mom in birch tree,mo i live in milton,wi. i just got to see her last week for the first time in 6 years cause her mom would no allow me to see her. she has spent last 2 summers with her sisters and they do know each other. i now find out that there planning on moving to england in the spring is there any chance that i could get some type of custody and stop my daughter from being able to leave the country
Submitted: 4 months ago.
Category: Family Law
Expert:  LegalGems replied 4 months ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted. Can you tell me if there are any existing court orders regarding custody/visitation?
Customer: replied 4 months ago.

no there is not. i pay child support and health dental and vision insurance.

Expert:  LegalGems replied 4 months ago.
OK, thanks for that information. Since there is no existing order, you will need to file a motion for custody and/or visitation. Generally the courts prefer to preserve the status quo, so the parent that has custody generally will retain custody. However, courts look with disfavor upon the party that engages in "parental alienation" - preventing the noncustodial parent from seeing the child- as ongoing relations with both parents are presumed to be in the best interests of the child.

For moveaway cases, the court will look to see what is in the best interests of the child, and what is motivating the move (i.e. parental alienation, better employment/schools, etc).

However, since there are no current pending orders, if you think the move is imminent, you should contact an attorney immediately to file for an injuction, precluding the parent from removing the child from the state, until a hearing on the merits can be had.
Customer: replied 4 months ago.

what happens if they leave the country after the injuction and if the judge agrees that child is to stay in state


 

Expert:  LegalGems replied 4 months ago.
Then it is a huge legal and emotional mess. Most people won't do this because it is violation of a court order (contempt), and kidnapping. You would need to hire an attorney to get a bench warrant, then you would need to hire an attorney in whatever jurisdiction the child is in. But again, that is unusual. If it is expected, the judge can request the party's passports so they can't leave.
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 2863
Experience: Experienced Family Law Attorney
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Expert:  LegalGems replied 4 months ago.
I hope you found the information I provided useful.
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