Ex-wife moved to California violating custody agreement decision from divorce?

Asked over 1 year ago - Hattiesburg, MS

We are both from MS and were divorced in 2008 and were given joint custody. She has been very unstable and put them out twice where I raised them (first time for 7 mths and the second time was 9 months). I currently live in LA but was maintaining my visitation rights up until she took the kids to MD for a family reunion and never returned. She left there and went with her aunt to CA where she now reside with our 2 daughters. She informed me of the move afterwards but stated she was sending them to live with me until she got on her feet but never sent them. Then she was supposed to send them for the holidays but that never happened either.They have been there for 7 months now. What can I do? Do I have to go back through the court where we were divorced? Help I don't know where to start

Attorney answers (3)

  1. William Matthew Thompson

    Contributor Level 10


    Lawyers agree

    Answered . Go back to your divorce attorney or some other attorney that practices family law and act now. File in the same Court that granted your divorce. Discuss custody modification, contempt, how the UCCJEA will play into your case and emergency relief. Don't wait another day. Go now. There are too many facts, issues and questions for a free, on-line Q&A.

  2. Jon H Powell


    Contributor Level 12


    Lawyers agree

    Answered . I agree with Mr. Thompson. Every single day that passes that you don't lawyer up and take immediate action may result in Mississippi no longer having jurisdiction over the children. What's worse is that California may obtain jurisdiction. Where would you rather fight this battle - in Mississippi or in California? Do not delay any longer! Get representation NOW!

    No attorney-client relationship has been formed by this answer. The answer given herein should not be your only... more
  3. Jerry Wesley Hisaw

    Contributor Level 3

    Answered . I agree with the other guys. You really need to file for contempt and modification. The longer you wait, the more likely the chancellor will not change custody as the children get more stable in the community where they are currently. With both of you having moved from Mississippi, you also potentially have an issue of another court possibly taking jurisdiction of the matter.

Related Topics

Visitation rights in child custody agreements

Child visitation refers to non-custodial parents' rights to visit their children. These rights are commonly detailed in a visitation plan.

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