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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How do I make sure my ex doesn't take our kid out of the

Customer Question

How do I make sure my ex doesn't take our kid out of the state? It is stated that visitation must occur in my son's home state. Father has removed him 3 times without my knowledge or permission. One time he did not return my son and I had to retrieve him in Oregon.Son and I live in California since 2013. Filed in Oregon in 2013. I have sole custody.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
if I register my case in California, would Father be able to modify his child support payments? Currently $504/mo. He will claim $0 income.
Expert:  Asad Rahman replied 1 year ago.

Once you file in California you are seeking enforcement amd contempt. Every time he violates the order file a contemlt action. He can ask for a modification in a separate motion but he will have to explain it. The court will be able to ascertain his financial situation. At the very least the court will say he should work at a fast food restaurant and pay child support based on a minimum wage salary. Again that is worst case.