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Stephen Loeb
Stephen Loeb, Lawyer
Category: Family Law
Satisfied Customers: 309
Experience:  Managing Attorney
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How do I make sure my ex doesn't take our kids out of the

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How do I make sure my ex doesn't take our kids out of the state?

Hi, my name is Stephen L, I am an attorney here with JA. I received a notification that you are seeking attention for your question. I have read your question and I would like to try to help you find a solution. Please note that while I try to answer questions in real time, there are occasions where I am not available but I promise I will get back to you if there is an open question.

 

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If you think that there is a threat, you can file for an injunction with the court which would provide a court order restraining your spouse from doing so. If your spouse were to violate the order it could have criminal consequences - as well as consequences relating to custody or visitation rights. Normally, parents cannot take children outside the state without permission of the other parent - unless they can display to a judge that doing so is not meant to alienate the in-state parent, and that by taking them out of state is in the best interest of the child(ren).

If you would like to further discuss this further in detail, you can request a phone call by using the phone call option on your home page.

 

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Customer: replied 8 days ago.
what if I have no custody over my son can I still request that he not take him out of state

Are you a recognized parent? On the birth certificate? Do you have any rights to see your son?

Stephen Loeb and 5 other Family Law Specialists are ready to help you
Customer: replied 8 days ago.
yes I am on his birth certifaicate I just don't know how he obtained full custody of him when he stole him from me when he was a year old and some how obtained full custody and total alienated me for 8 years?
Customer: replied 8 days ago.
he brings my son to me when its convenient he doesn't even live with him hes in another state and supposedly his sister has guardianship over him

Yes, you obviously have rights and can bring an order to show cause in the family court based upon these facts.

Customer: replied 8 days ago.
would i need to provide his birth certificate as proof if so how do i go about doing that?

You probably do not need to, but there is nothing to lose by doing so as an exhibit. The only way it would come into issue is if your spouse denies your parental relationship.

Customer: replied 8 days ago.
ok so who do i contact or where do i go to do all these things?
Customer: replied 8 days ago.
and what exactly am I filing for?

You would file in the family court in the county where your children live. You would need to file a motion or an order to show cause asking for a judicial injunction.