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worrieddaddy

what are my legal options

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I have joint custody of my 6yr daughter. Resently went to court in regards to my daughters mother requesting to move out of state to cali, her request was denied. I found out yesterday from my daughter (which I have currently) that her mother is gone out of state to look for a job in cali. It was my weekend to have my daughter, but out of the blue her mother offered to let me have her for 2wks. which is not like her at all. I know it is because she was going out of state. that is not what has me so concerned. My daughter also stated that after she is with me she is then to go to her grandfathers home for another two weeks because her mother will still be in cali looking for a job. I am worried about her being in the care of her elderly grandfather for that long and also that my ex has not told me about her leaving. My main worry is that she has been court ordered that she can not move but is still looking for a job and might attempt to move to another state with my daughter with out notifying me or the court. what is my options to protect my daughter as well as my rights as a father. Thank you for any and all feed back.

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I doubt your ex needs to report her whereabouts to you, or even intentions to move (so long as she moves alone).  It may be that she accepts that she won't be able to move with the kid.  Naturally, if she moves with the kid, you'd file a contempt action and the court would order her to return the kid to the state.  If it were a matter of her wanting to move to another country and one with which the U.S. didn't have a good reciprocal agreement in place about parental kidnapping, then I'd be more concerned.  I'd feel free to (politely) warn her that if she has any intention of moving the child against the court's (implicit) order against that, she's simply asking for trouble.

If you are truly concerned about the safety of the kid because of the elderly grandfather -- you'd need quite good, clear reasons and evidence that he's abusive, immobile, or abuses drugs-alcohol (v. vague concerns) and preferably people willing to testify or provide affidavits -- then I'd say I'd feel free to file a proactive emergency petition with the family court on on the topic of not returning the child to the grandfather's care.

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You're operating based on pure speculation (and information provided by a six-year old), and that won't get you anywhere in a court.  As far as your concerns about having your child stay with her grandfather, you provided no relevant facts (including the identity of your state), so there's not much anyone can say about that.

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member pg1067, i did not ask for nasty and rude remarks so please keep those to yourself if you have not helpful advise

 

[---removed - Moderator ---]

 

Normally when someone takes time out of his/her day to provide you with information you requested, the appropriate response is "thank you."

 

Just because you're not happy with a response doesn't make it "nasty and rude" or "[un]helpful," and there's nothing "nasty [or] rude" about what I wrote.  Would you rather I provided incorrect information that might cause you to spend thousands of dollars in legal fees only to find out you've wasted your money?  Didn't think so.  Therefore, I will continue to provide information that is as accurate as possible.  When you post on a public message board, you don't get to dictate what sorts of responses you receive.  However, if you don't want truthful and accurate information and only want responses that are filled with happy unicorns and rainbows, just say so up front so that folks can ignore your post.

Edited by FindLaw_John
This post has been edited for language

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worried, you need to take a step back and remove the emotional lens/goggles and interpret a post objectively.  PG and other responders speak matter of factly.  What (s)he indicated was not "nasty" or "rude" (one may objectively interpret his/her followup ("You ungrateful *#@!" as such, however, but that was a deserved demonstration). 

 

To be sure, an obvious step is to contact the mother and say that the kid advised you that you went to California not on vaca or to visit but to look for work, and ask her to deny or confirm that.

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This response is NOT intended to create an attorney client

relationship.

 

Your ex chose to go through the Court system rather than

moving away first. Your ex has a right to move out-of-state, 

without the child. 

 

Perhaps, the job opportunities for her are better in California

than where you and her live now, although the cost of housing

is certainly much higher in Calif than most other areas of the

country.

 

Avoid interrogating the child about these circumstances.

Plan on getting set up for some future "Skype visitation,"

as artificial as that may turn out.

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I would remind our users that issues such as these can cause people great stress and discomfort. Please remember to review members' opinions objectively and ALWAYS treat each others' opinions with courtesy and respect.

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