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Ask Olivia Kent Your Own Question
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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If a custodial parent moves out of state without courts permission,

Customer Question

If a custodial parent moves out of state without courts permission, can anything be done? The custodial parwnt will not give address to non custodial parent and often comes back to state where non custodial parent lives, howwver does not let him see the kids.
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Submitted: 8 months ago.
Category: Family Law
Customer: replied 8 months ago.
Details...custodial parent moved from VA to NH...notified non custodial parent after she moved....custody order states non custodial parent has every other weekend visitation...she did not notify court where order is in place...non custodial parent has only seen 1 child (there are 3 kids) since that move and only was allowed to see that child for 1 day when custodial parent was in VA visiting her parents...she said the other 2 kids were sick....he (non custodial) parent has no address where they live, custodial parent will not even tell him what school they go to in NH....she will not give address to him in NH, when he sent money for christmas he had to send it through western union....she has since also remarried in NH....today he received a letter from DCSE in NH....how can she take him for child support in a state other then where the custody order is? She has filed nothing with the courts in the state of VA, which is where the custody agreement is filed.
Expert:  Olivia Kent replied 8 months ago.
Hello. My name is ***** ***** I'm an attorney. I’ll be happy to help you in any way I can. This site is for educational purposes only. Sometimes - although certainly not always - experts have to give you what you deem “bad news” but that should not be a reflection of how satisfied you are with the assistance your expert provided. Experts on this site receive credit for assisting you when you click the rating (the stars) so please submit a rating prior to logging off. You aren't charged anything extra by submitting a rating.What you describe is just appalling - and unless she has either the authority to decide where the kids live (via court order) or she has legal custody - what she has done is parental kidnapping. I'm not sure how much time has passed but I would encourage you to go to the police (if you have a court order stating where the kids must live) and report the kidnapping. I would also go to the family court for enforcement of your custody order. I hope this helps. Please let me know if you have any other questions or you need me to clarify anything. Please also submit a rating if you're satisfied with your assistance; this will not cost you anything extra and it's the only way we get credit for assisting you. And please don't feel like we have to stop talking after you submit a rating. I'd be more than happy to continue working with you after that as well.
Customer: replied 8 months ago.
She has physical custody, per the coourt order. She moved in January 2015, and has promised several visits throughout the year, however always cancels those visits. She will not provide us with an address, so therefore we felt it would be useless to file at court with bo address to serve her.
Customer: replied 8 months ago.
Also, can a request for child support be filed in a different state/court then where the child custody order presides?
Expert:  Olivia Kent replied 7 months ago.
Physical custody is NOT enough for her to move without permission. It's definitely NOT useless to file with the court. I would however, notify her that you filed - whether by email or by phone so she can't later claim she doesn't know. Even if it doesn't qualify for "service" it's good to do. Tell the court she essentially disappeared, and you have no knowledge of where your children are. Unless there is a DV order in place you are entitled to know where she lives. Does that make sense?
Customer: replied 7 months ago.
What is a DV order?
Expert:  Olivia Kent replied 7 months ago.
Expert:  Olivia Kent replied 7 months ago.
Please let me know if there's anything else you need me to clarify :-)
Customer: replied 7 months ago.
There is no DV order.
Also, can a request for child support be filed in a different state/court then where the child custody order presides?
Expert:  Olivia Kent replied 7 months ago.
Okay, the fact that there is no DV order means you're well within your rights to now where your children live. Beyond that, her total lack of cooperation as far as telling you anything about your children is even potentially grounds for her to lose custody, given how extreme it is. So, it's something to consider pursuing if you might be interested. As for whether you can move and file for child support elsewhere, you can (though the moving is a problem, as discussed above). I hope this helps. Please let me know if you have any other questions or you need me to clarify anything. Please also submit a rating if you're satisfied with your assistance; this will not cost you anything extra and it's the only way we get credit for assisting you.
Expert:  Olivia Kent replied 7 months ago.
Hello. I wanted to check in with you to make sure you had all of the information you wanted to obtain when you posted your question. Please let me know if you have any questions or need additional clarification about anything.