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CALawyer, Lawyer
Category: Family Law
Satisfied Customers: 1655
Experience:  California Family Law Attorney
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i have a friend whos incarcerated. he have 2 small ...

Resolved Question:

i have a friend who''s incarcerated. he have 2 small children who his ex-wife moved out of state without notifying him. what are the steps he can do when he gets out in july. thank you for your time.
Submitted: 9 years ago.
Category: Family Law
Expert:  CALawyer replied 9 years ago.
Are there any current custody orders in place?

Was there ever a custody order in the divorce case?

Did the wife file a motion to move away with the kids?
Customer: replied 9 years ago.
i've heard from some friends that the ex-wife is trying to get full custody of the children but i'm not sure.
Expert:  CALawyer replied 9 years ago.
It will be hard to know what can be done without more information, but here is the way it typically works.

When there is a custody case pending, or where custody has been awarded. The party who has custody typically can't move out of county without a Court order. The Court will generally grant these orders for parties that have primary physical custody, but they must obtain the order before they move.

If she didn't do this, it would may be considered a contempt of Court (typically there are restraining orders preventing the parties from moving out of county/state). The father could file a contempt motion and a motion to force the mother to move back with the children. Whether or not the motion to force the mother to move back would be granted would be up to the Court to decide.

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