Can my ex-wife take our daughter to another state without telling me?

Asked about 2 years ago - Torrance, CA

Me and my ex-wife lived in CA and she has full custody of our daughter while I am granted visitation rights. She recently left for WA with our daughter without telling me and is planning on living there. Can she do this? Is there anything I can do to see my daughter again without going to WA?

Attorney answers (4)

  1. Rhonda Diane Ellifritz

    Contributor Level 13

    2

    Lawyers agree

    Answered . You can file a motion immediately for custody and visitation modification, and you can require her to return back here, so long as the original order was issued in California. They may allow her to take the child anyway, but it depends on the best interests of the child. This would depend on your daughter's age, and possibly what her wishes are if she is old enough. Do it before she establishes residency in Washington. For further information, visit http://www.ellifritzlaw.com

    Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing,... more
  2. George Baker Richardson

    Contributor Level 14

    1

    Lawyer agrees

    Answered . While you can certainly go to court to get this matter clarified, I suggest that you start by actually talking to your daughter's mom. You need to do this right now, because, if you do need to go to court, you should do so quickly. However, if you try to talk with mom before going to court, and she is uncooperative or unwilling to discuss alternatives, a court may look more favorably on your effort to continue to have easy access to your child.

    You don't indicate what makes you think the move is long term. If it is and you have been seeing your daughter only a couple of days a week, or less, then it's quite likely that a court would allow the move. However, you can avoid the financial expense and emotional toll on your daughter by talking with mom first, before rushing to court. If you can't work out something with her, the court remedy is still available.

    It would also be a very good idea to consult with a lawyer experienced in family law matters. You can consult with a lawyer about your question for little or no cost through a lawyer referral service in your area. You can find your nearest lawyer referral service by clicking on the link below.

    If you found this response helpful, please let me know by clicking the "Mark as Helpful" button at the bottom of... more
  3. Mary Katherine Brown

    Pro

    Contributor Level 20

    Answered . You must hurry! Relocating a child away from the non-custodial parent without consent or a court order isn't within the scope of rights conferred by "full custody" but it is up to you to do something about it. You can seek enforcement of your visitation order and/or a change in custody based upon her actions, but you will need advice and assistance from a local attorney. You can find attorneys by searching among the profiles here on Avvo. Start making calls now, and don't stop until you find someone who can help you. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  4. Edna Carroll Straus

    Contributor Level 19

    Answered . If you want to start a nasty legal battle good luck. If you want a livable future with your FAMILY--MEDIATE this. Talk ti the mother of your children whom you once loved. Do NOT let this get ugly expensive and toxic. if you doubt me, talk to anyone who ash lived through a "moveaway" case.

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