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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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My ex husband and I have joint custody of our seven year old

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My ex husband and I have joint custody of our seven year old son . He told my son today that he had been out of town(to another state) finding a place for them to live. my son lives with me and he gets him on the weekkend and holidays. Can he take him and move? What can I do?
Submitted: 6 years ago.
Category: Family Law
Expert:  Brandon M. replied 6 years ago.
does your custody order to address the issue of either parent moving out of state with your child?
Customer: replied 6 years ago.
We are to stay within one hundred miles. He was absent from seeing or calling our son for 3 weeks when he returned today he told our son that he did not want me to know where he was. I feel like he is going to take him and run.
Expert:  Brandon M. replied 6 years ago.
is it possible that he could relocate out of state and still be within 100 miles?
Customer: replied 6 years ago.
No, DC ,VA, and Delaware are more than 100 miles. If he should take him and not return him on one of his visits then what?
Expert:  Brandon M. replied 6 years ago.
if the court's order prohibits him from relocating the child more than 100 miles away, doing so would constitute criminal contempt of court and it would be punishable by incarceration (not to mention, a major overhaul of the existing custody order). Furthermore, not returning the child after he visits would at a minimum constitute criminal contempt of court (regardless of whether the child was moved out of state), and could even constitute child abduction. if he refused to return the child, I would start by contacting law enforcement and requesting that they open a child abduction case.

The last thing that I will say is to just be very careful of anything that a seven-year-old tells you; it is smart to be on guard and to be prepared, but you have to keep in mind the credibility of the source. I remember when I was seven years old my father was in our attic cleaning out insulation and he was wearing a white suit for the purposes of that cleaning. My mother thought this was hilarious because the suit made him look like he was in the Ku Klux Klan; I asked her "what is the Ku Klux Klan?" I don't remember how she answered that question, but I do remember that she told me to not say to anyone that my dad was in the Ku Klux Klan. Naturally, the next day at school, I told my teacher "I'm not supposed to say anything but my dad looks like he's in the Ku Klux Klan." I have no idea if that's went anywhere, but I can only imagine the topic of discussion in the teacher's lounge that day.

I hope that this helps
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