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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My son has joint custody of his 12 yr old son with his ex wife.

Customer Question

my son has joint custody of his 12 yr old son with his ex wife. the divorce decree was modified in july 2009, and he was given his son full time except for weekend visits, alternating holiday visits and summer possession. In the decree if she lives within 100 miles she gets him for 30 days. Over 100 miles she gets him for 42. she is staying with a boyfriend, whom she will not tell tell us his name nor give us an address where they are staying however she states that she still lives in her hometown that is under 100 miles away. she got him on the 25th of june. in the divorce decree it states she has to give notice if she moved in with or married a sex offender. We don't know that the guy is an offender since we have no name or address. She has disappeared from her sons life for periods of 1 1/2-2 years, with no contact or phone calls. when she came back after being out of state for a year and a half, this was july of 2014, she started talking to him telling him when he was 12 he could choose to live with her. I explained that the final decision was going to be by a judge. She has a history have have her son and her other 2 older children taken away by CPS. I finally got a hold of him tonight and when i asked if he was coming home by 25th, she told him to say bye and hang up, I tried calling back and they wouldn't answer. It does say in the decree that if she doesn't give written notice by April 1, about what dates she wanted him for summer break, that she would have him July 1-31, thats if she lives within 100 miles, Over 100 miles, without written notification from her she gets possession from june 15- july 27. When someone stays somewhere for up to 4-5 months, without changing drivers license, would that be considered that she was living there?. AS I said she won't give us her location and her other address is her mothers. Her other 2 children are over 18 now but when CPS took them, this was in late 2008 or early 2009, they were sent to her mothers, my son got his son in july 2009, her older boy found his real dad and lived with him, and didn't talk to his mom for 6 yrs, her daughter is still living with her mother. other then the question about her residence, and probably the fact we need a lawyer, is there any way we can keep her from getting him until we go in front of a judge? I would get the lawyer we had back then but hes the lawyer for my nephews who commited a very bad crime and we aren't allowed to talk to them so i don't know about conflict of interest there. I know there is probably nothing you can tell me, just want some piece of mind for tonight. I plan on going to the court house tomorrow to speak to someone. Is there the possibility of charging her with kidnapping if she doesn't have him here at least by 6pm on 31st?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.First of all, I suggest that if she is living with someone the name should be provided, as it appears that is contingent and in line with the court order.Next if the child is not returned as directed date on the court order, then it is parental kidnapping.Is the child with her now?
Expert:  Samuel II replied 2 years ago.
You have a lot of issues and questions here so I am trying to take them one at a time.

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